Illinois Aims to Better Prevent Workplace Violence With Newly Enacted Law

Author: Beth P. Zoller, XpertHR Legal Editor

September 18, 2013

In response to the seemingly neverending and increasing incidents of violence in the workplace, Illinois has enacted a law designed to equip employers with better tools aimed at preventing workplace violence. The Workplace Violence Prevention Act, HB 2590, effective January 1, 2014, is intended to assist employers in protecting workforces, employees, guests and property by limiting access to the workplace by potentially violent individuals.

Specifically, the new law allows employers with at least 5 employees to seek a restraining order or order of protection to prevent further violence and threats by an individual if:

• An employee has suffered unlawful violence (or a credible threat of violence) by an individual; and
• The unlawful violence has been or can be carried out at the employer's workplace.

An unlawful act of violence is defined as violence, harassment or stalking. Further, a credible threat of violence is defined as a statement or course of conduct serving no legitimate purpose and causing a reasonable person to fear for their safety or the safety of his or her immediate family.

To obtain an order of protection, the employer is required to file an affidavit and present reasonable proof that an employee has suffered unlawful violence (or a credible threat of violence) at the employer's workplace. The employer must also demonstrate that the employer has or will suffer irreparable harm if action is not taken.

The sponsor of the legislation, State Senator Darin LaHood made the following statement in support of its approval: "When an employee walks into work they should be afforded a certain level of protection from brutal acts of violence...[t]his new law will allow employers to seek orders of protection against an employee who may have demonstrated prior acts of aggression or made credible threats against other employees or a workplace."

Based on this new law, employers should review and amend their workplace policies and procedures regarding workplace safety and violence. Further, employers should make sure that there is clear reporting structure in place allowing employees to confidentially report acts of violence or threats of violence that may impact the workplace. Further, all supervisors and managers should be trained on how to respond to complaints of violence or threats of violence in or against the workplace and know who to contact in management and HR.