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24 Stetson L. Rev. 201 (1994-1995)
Employees with Mental and Emotional Problems--Workplace Security and Implications of State Discrimination Laws, the Amercians with Disabilities Act, the Rehabilitation Act, Workers' Compensation, and Related Issues

handle is hein.journals/stet24 and id is 209 raw text is: EMPLOYEES WITH MENTAL AND EMOTIONAL PROBLEMS - WORKPLACE SECURITY AND IMPLICATIONS OF STATE DISCRIMINATION LAWS, THE AMERICANS WITH DISABILITIES ACT, THE REHABILITATION ACT, WORKERS' COMPENSATION, AND RELATED ISSUES Janet E. Goldberg* According to a recent study released by the Centers for Disease Control, murder is the third largest cause of on-the-job death.' For women, it is the largest cause of on-the-job death.2 Approximately 750 people were murdered at work in 1992, and experts estimate that more than 110,000 acts of workplace violence occur annually.' With more and more violent episodes occurring in the workplace, employers are becoming increasingly concerned about the legal issues involved in the employment of mentally or emotionally unstable employees. There are no easy solutions to these problems for employers. In trying to deal effectively with unstable or potentially unfit employ- ees, employers face several conflicting tensions. These tensions include trying to balance the legal protections afforded individuals under anti-discrimination and privacy laws against an employer's obligation to maintain a safe working environment,4 as well as an * Ms. Goldberg received her J.D. from the University of Illinois College of Law and is admitted to the Florida, Illinois, and Missouri Bars. She is of counsel to Macfarlane, Ausley, Ferguson & McMullen, a Florida-based law firm with a national labor/employment law practice. The Author gratefully acknowledges the assistance of Richard L. Monto and the law firm of Levin & Funkhouser, Ltd., Chicago, Illinois, in the preparation of this Article. 1. CENTERS FOR DISEASE CONTROL, NATIONAL INST. FOR OCCUPATIONAL SAFETY & HEALTH, FATAL INJURIES TO WORKERS IN THE UNITED STATES, 1980-1989: A DECADE OF SURVEILLANCE 8 (1993). 2. Struggling to Understand Causes of Workplace Violence, CHI. TRIB., Dec. 17, 1993, § 3, at 1. 3. See JOSEPH A. KINNEY & DENNIS L. JOHNSON, BREAKING POINT - THE WORKPLACE VIOLENCE EPIDEMIC AND WHAT To Do ABOUT IT 24 (1993). But see Joan E. Rigdon, Companies See More Workplace Violence, WALL ST. J., Apr. 12, 1994, at B1 (indicating that 1004 Americans were murdered on the job in 1992). 4. In January of 1994, the Occupational Safety and Health Administration (OSHA) announced that in an effort to stem the tide of workplace violence, it intended to cite employers failing to take steps to protect their workers from criminal attacks in the workplace. OSHA Head Describes Strategy to Address Workplace Violence, Daily Lab. Rep. (BNA) No. 10, at A-9 (Jan. 14, 1994).

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