...Despite progress in the half century since Brown v. Board of Education and the demise of the "separate but equal" doctrine, harmful and costly levels of discrimination, racism, and racial harassment continue to exist, including in the workplace. Attempts to redress these ills, particularly in the employment setting, have been cumbersome and often ineffective for aggrieved employees as they have sought redress either administratively through the U.S. Equal Employment Opportunity Commission (EEOC), or in the federal courts. One indication of the dismal prospects for employees injured by racial discrimination and harassment is that, in spite of diligent efforts (and until recently a shrinking staff), the EEOC backlog of cases numbered 86,338 as of September 2010. Furthermore, when employee-plaintiffs seek to pursue their cases through state or federal administrative agencies or courts, the standards established in federal statutes and court rulings present a daunting "web" of choices for them. The choices are complex for defendant employers and their respective counsel as well. This confusion is most acutely felt in the case of employees who have experienced severe injuries such as race-based traumatic stress (RBTS) resulting from workplace harassment, as they seek just compensation for their injuries and for the harassment to cease.
This Article proposes a legal and policy framework for more effective prevention of and legal redress for workplace harassment and discrimination. This approach focuses on employees who have suffered a severe, demonstrable emotional and psychological injury due to harassment or discrimination, i.e. race-based traumatic stress (RBTS). The Article begins with the assertion that America is not in a "post-racial" stage and that racism and racial harassment, both intentional and more subtle, are unfortunately still present in various settings including the workplace. A brief overview of current federal employment law related to racial harassment and discrimination, and its deficits, is provided, and the use of tort concepts to complement and strengthen current avenues to legal redress is proposed and discussed. Finally, this Article proposes a comprehensive approach to workplace harassment and discrimination....
]]>Key Facts:
- Workplace homicides from assaults and other violent acts are the second leading cause of death for women while working.
- So far in the 21st century, an average of 552 work-related homicides occurred annually in the U. S.
- the fastest growing category of homicides in the workplace are committed by customers.
- Suicides in the workplace reached an all-time high of 270 incidents in 2010 and went down to 242 in 2011.
- As of 2011, the total Deaths from Violence and Assaults by Persons (combines work-related homicides and workplace suicides) equals 7,156 with an average annual death toll of 795.
The number of line-of-duty deaths fell precipitously during the first half of 2012, as law enforcement agencies focused on officer safety measures, experts told POLICE Magazine.
Through June, 53 officers lost their lives on duty compared to the 94 who were killed through the same period of 2011, a 43.6% drop. It was a 39% drop from the 87 officers killed in 2010. There were fewer police deaths in the period than during any other first half of a year since at least 2000, according to statistics provided by the National Law Enforcement Officers Memorial Fund (NLEOMF).
]]>IAHSS President-Elect Lisa Pryse covers industry best practices in SIW webinar.
Perhaps the most feared event for any security director is an act of workplace violence and, in particular, an active shooter scenario. One market that has seen its share of deadly workplace shootings is the healthcare industry.
]]>From the abstract:
A joint effort by the Bureau of Justice Statistics and National Center for Education Statistics, this annual report examines crime occurring in school as well as on the way to and from school. It provides the most current detailed statistical information to inform the Nation on the nature of crime in schools. This report presents data on crime at school from the perspectives of students, teachers, principals, and the general population from an array of sources--the National Crime Victimization Survey, the School Crime Supplement to the National Crime Victimization Survey, the Youth Risk Behavior Survey, the School Survey on Crime and Safety and the School and Staffing Survey. Data on crime away from school are also presented to place school crime in the context of crime in the larger society.
More than half of Americans employed outside their homes (52%) have witnessed, heard about or experienced a violent event or an event that can lead to violence at their workplace, according to a survey released today by Allied Barton. These events include open hostility, abusive language or threats and can escalate to significant physical harm to someone by another person....The report shows how a range of stakeholders - from CEOs and senior leaders to building management, human resources, contract security and law enforcement - can work together to lower an organization's workplace violence risk and enhance its overall morale and performance.
]]>The purpose of this study is to determine if formal organizational policies on workplace violence (WV) influence hiring practices, employee training, and ability to manage violent situations. A sample of 72 members of the Industrial Relations Research Association, which has been renamed Labor and Employment Relations Association, completed an Internet original survey on WV, with 40 organizations having these types of policies. Findings indicated that organizations with formal policies on WV were more likely to have heightened awareness of issues involving WV than organizations without these types of policies. WV policies generally are zero tolerance; however, they may lack enforcement by supervisors. Having a formal policy on WV may indicate that organizations are more aware of and concerned with protecting their employees and clients from violent situations.
]]>A new directive from the federal Occupation Safety and Health Administration (OSHA) gives employers an inside track on what the agency considers the "do's" and "don'ts" of workplace violence prevention. Employers should evaluate their existing prevention programs against the directive and take steps to close any gaps.
]]>Stories include:
- At California Mental Hospitals, Fear Is Part Of Job, April 7, 2011
- Violence Surges At Hospital For Mentally Ill, April 8, 2011
- Changes Sought After Death At Mental Hospital, April 19, 2011
- Violence At Calif. Mental Hospitals: 'This Is The Norm', July 21, 2011
- In Calif. Mental Hospitals, Assaults Rarely A Crime, December 20, 2011
From the press release:
After an alarming increase in 2010, the number of law enforcement deaths spiked even higher in 2011, rising more than 16 percent nationwide as of December 19, 2011. Firearms-related fatalities rose sharply for the second year in a row at almost 20 percent, while traffic-related deaths decreased by about 11 percent over the previous year. And deaths due to causes other than firearms or traffic-related incidents are up an alarming 92 percent.
Nine hundred deaths and 1.7 million nonfatal assaults occur each year in the United States due to workplace violence. These numbers represent only the most serious physical violent incidents; the extent to which all types of violence are experienced in the workplace remains unknown. Workplace violence is a serious concern for emergency nurses. Due to under-reporting, the occurrence of physical violence and verbal abuse toward emergency nurses remains not well understood. Therefore, it is essential to investigate the actual extent of violence and aggression toward emergency nurses. Launched in May 2009, the Emergency Department Violence Surveillance (EDVS) Study collects ongoing objective data allows for tracking changes related to violence toward emergency nurses as well as the processes used to respond to violence.
Specifically, the EDVS Study was established to investigate:
• The extent of the occurrence of various types of workplace violence toward emergency nurses from patients and visitors on any given day.
• The extent of under-reporting of workplace violence toward emergency nurses from patients and visitors.
• The current reporting mechanisms, if any, for violence toward emergency nurses.
• The current processes, if any, used to respond to violence toward emergency nurses.
• Trends in violence toward emergency nurses over time.
Nurses do their job to save lives and help people heal, but an NBC Action News investigation found an increasing number of health care workers also fear for their own safety on a regular basis.
The issue of workplace violence inside hospitals is an issue mostly hidden from the general public, but NBC Action News searched crime reports, reviewed workers' compensation claims, and heard first-hand accounts of nurses attacked by the patients they are paid to care for.
Is it an inevitable part of the job, or are hospitals not doing enough to stop it?
]]>From a press release:
A report released today by Simon Fraser University criminologist Neil Boyd presents a disturbing picture of British Columbia's prisons. The report, "Correctional Officers in British Columbia 2011: Abnormal Working Conditions", is based on a survey of more than 200 correctional officers in the province.
Among the report's findings, during the past year:
- More than 90 per cent of correctional officers had been exposed to blood, and more than 75 per cent to feces, spit and urine;
- Two thirds had received a credible threat of harm from an inmate;
- Almost 40 per cent had been hit by feces, urine, vomit or spit, and more than one in four had been physically assaulted by an inmate;
- More than 80 per cent had responded to a serious injury to an inmate, and almost 20 per cent had witnessed the death of an inmate;
- More than 90 per cent indicated their jobs have become more difficult and stressful.
These numbers come at a time when prison populations include increased numbers of mentally disordered inmates and gang involved inmates, and inmate to staff ratios as high as 60 to 1. Prior to 2002 inmate to staff ratios were typically 20 to 1.
]]>Workplace violence is a basic concern of all industries, according to the author. Addressing the threat, she says, reduces costs, workplace injuries, and litigation. Above all, it saves lives. With planning, education, drills, and resource deployment, the risk of violence can be reduced. However, failure to recognize the risk factors and red flags that may point to an emerging problem, or doing a poor job of education staff about the issue can have a negative effect.
Related (from the same issue):
- Workplace violence in hospitals: Safe Havens No More
by Bryan Warren
- Workplace Violence Prevention Education After JCSEA
by Scott Buff
- Critical Issues on Gun Violence in the Hospital Workplace
by James Sawyer and Caroline Ramsey-Hamilton