NCJ Number
200361
Journal
The Crime Victims Report Volume: 7 Issue: 1 Dated: March/April 2003 Pages: 3-4,11
Date Published
March 2003
Length
3 pages
Annotation
This third part in a series focusing on crimes against women addresses workers’ compensation for stalking in the workplace.
Abstract
Noting all 50 States have workers’ compensation programs designed to provide limited compensation for employment related death or injury, the authors argue that employers can be sued for failing to protect employees against workplace harms, including stalking. After describing what information an employee needs in order to demonstrate and prove employer negligence at protecting its workers, the authors detail the burden of proof employers face in order to demonstrate their attempts at safeguarding the well-being of their employees. Following a discussion of how employers may be sued for failure to warn their employees about potentially dangerous co-workers, the authors describe the fact that stalking victims are protected under Federal and State laws that require employers to provide workplaces that are free from discrimination and harassment. After discussing the various ways that employers may legally terminate potentially dangerous employees “at will,” the authors describe various additional remedies that may be taken in order to safeguard the well-being of stalking victims in the workplace. The authors conclude that victims advocacy needs to be expanded beyond the domestic front.