Blog Post: HR Department and Stalking: When Social Networks Become Tools For The Violent

The DOJ monitored several stalking behaviors:

• Making unwanted phone calls
• Sending unwanted letters or emails
• Following or spying on the victim
• Showing up at places without a legitimate reason
• Waiting at places for the victim
• Leaving unwanted items, presents, or flowers
• Posting information or spreading rumors about the victim on the Internet, in a public place, or by word of mouth

(Page 1). Here are a few of their findings:

• More than half of stalking victims lost 5 or more days from work
• About half (46%) of stalking victims experienced at least one unwanted contact per week, and 11% of victims said they had been stalked for 5 years or more.
• Approximately 1 in 4 stalking victims reported some form of cyberstalking such as e-mail (83%) or instant messaging (35%).
• Women were at greater risk than men for stalking victimization; however, women and men were equally likely to experience harassment.

How does this apply to HR? Your employees have access to telephones, emails, snail mail and the Internet at work. If they are one of the 46% of stalking victims who "felt fear of not knowing what would happen next," how productive are they really being during work hours? What if the flowers come to the office? What if the stalker is waiting at work, in the lobby of your reception area? What if the emails are coming to a work email account? What if your employee is missing work because of a stalker? What if the stalking is happening over Facebook, Twitter, MySpace or another social networking site?

An important part of these findings is the "virtual" nature of today's stalking.  People are stalked by email, text messages, instant messages and even social networking sites.  What can you, as an employer, do to protect your employees?  In some ways, the list of things that are "out of your control" is longer than the list of things "you can change."  But, with a campaign of education, communication and solid policies, you can do your part.  And, I submit, you must. 

Consider including a provision in a workplace violence policy that asks employees to report any restraining orders to HR so that appropriate steps can be taken to monitor violations of those restraining orders. Make note in your handbook of the Colorado Statute that provides employees with leave to address domestic violence issues. Train front desk staff about how to handle potentially terrifying situations. Encourage employees to use spam prevention to block stalkers from sending them unwanted email. Cross-reference your Internet/Email policy with your Workplace Violence and EEO (Anti-Discrimination and Harassment) policies so that coworkers know that they will be terminated for unwanted conduct. And, above all, connect employees with educational resources to help them understand their rights when confronted with unwanted behavior.

Failure to take these reasonable steps could lead to liability. Employees, or their heirs, could file suit against an employer who turned a blind eye. Families of victims have successfully pursued these suits in many jurisdictions. To ignore your responsibility to do what you can to keep your workplace (both physical and virtual) safe could result in civil and criminal liability.

Anyone who follows my blogs knows that I tend to view the law with a slightly irreverent eye. There is, quite simply, nothing funny about stalking or the resulting violence. Take your responsibilities seriously. Educate and protect your employees. In addition to reducing potential liability, you could save a life.

This article is intended as a general discussion and information on the topic covered, and is not to be construed as rendering legal advice. If legal advice is needed, you should consult an attorney. This article may not be reprinted or reproduced in any manner without prior written permission of the author.

Laura J. Hazen is a Director at Ireland Stapleton Pryor & Pascoe, P.C. In her employment practice, Hazen provides day-to-day advice and coaching to public and private companies on various employment matters. She also has an active litigation practice where she concentrates on representing business in all aspects of complex business and employment disputes. You can contact her by email at lhazen@irelandstapleton.com or by phone at 303-623-2700.