Title VII of the Civil Rights Act and Michigan’s Elliott-Larsen Civil Rights Act require employers to provide a working environment free from harassing behavior. As part of this obligation, employers should have a written policy prohibiting harassment and discrimination on the basis of race, color, religion, sex, national origin, age, height, weight, and marital status.
Additionally, the Occupational Safety and Health Act (OSHA) requires employers to provide a safe workplace free from recognizable hazards that may cause death or serious harm to employees. Under OSHA, an employer may be on notice of a risk of workplace violence if it receives complaints of threats, intimidation or other indicators of potential violence. According to the Occupational Safety and Health Administration, the risks associated with workplace violence can be minimized if employers maintain a written zero-tolerance workplace violence policy that is applied to all employees, contractors, visitors, customers and anyone else who comes into contact with company personnel. As with complaints of harassing behavior, employers should carefully investigate and respond to any complaints of threatening or intimidating behavior, implementing appropriate discipline if necessary to end the behavior.
If management receives information that an employee has made threats of violence or exhibited other behavior that would indicate that the employee intends to commit a crime, management needs to take action. Such action may be immediately contacting the appropriate law enforcement agency, as well as enforcing its own internal employment policies.
Of CounselPatricia Nemeth is the founder of Nemeth Bonnette Brouwer. An accomplished and highly respected attorney, Patricia’s contributions to Michigan’s legal profession are legend and her many awards and accolades reflect the ...
