Balancing Civil Rights With Safety at Work: Workplace Violence and the ADA

Workplace violence has become an increasingly common occurrence in recent years. During the years 1992–1996, there were over 5,000 job-related homicides in the United States, and in 1996 alone there were 1,364 nonfatal assaults committed by coworkers or former coworkers. Although it would be both inaccurate and inappropriate to suggest that these acts have generally been committed by persons suffering from severe emotional and mental disorders, this is clearly one of the possible explanations. In light of these facts and given the recent Equal Employment Opportunity Commission's Guidance on the Americans with Disabilities Act and Psychiatric Disabilities, the obligations and prerogatives of employers in terms of hiring and posthiring actions need to be discussed. This paper examines the legal issues, the EEOC's Guidance, and offers specific suggestions for developing an effective hiring process, as well as methods to use when dealing with current employees who pose a threat of violence because of mental and emotional disorders.