Would You Have Hired Cho Seung-Hui

Alan Rupe (/authors/421-alan-rupe/articles)

May 14, 2007
OK, lets see a show of hands: How many of you accessed your "workplace violence
prevention plan" files after the tragedy at Virginia Tech? I thought so. Most of us did.
Unfortunately, acts of violence and aggressive behavior, such as those wrought by shooter
Cho Seung-Hui on his schools campus, are increasing everywhere: in schools, the
workplace and public areas. As hours spent on the job increase, life in the workplace often
takes precedence over home and family life. For those individuals with a skewed sense of
self and self-importance, even the smallest perceived slight can cause a worker to become
unbalanced.
Just a few days after the Virginia Tech shooting, a 51-year-old former Target employee
(described by his sister as "mentally ill and an alcoholic") drove to a crowded mall parking
lot and began shooting at Sunday shoppers. After killing two bystanders, he began walking
toward his former employers store, gun in hand, when he was shot by police.
Violent attacks, threatening behavior and verbal abuse, unlike random acts of kindness,
are neither random nor unpredictable. Wise employers take the time to carefully craft a
workplace violence prevention plan because they know that "workplace violence" is
synonymous with "employer liability." While many threats of violence and abusive behavior
ultimately turn out to be a case of "bedeviled dad gone over the edge" (think Alec Baldwin),
there are increasing instances of violent situations that, unfortunately, develop into a
Virginia Tech catastrophe. Disgruntled employees and former employees hell-bent on
causing havoc make the workplace particularly vulnerable.
I am certain human resource professionals and managers across the country laid awake
at night last month wondering, "Would I have hired Cho Seung-Hui if he applied for a job at
my place of business?" There is reason to worry.
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The simple truth is that the same questions required to weed out mentally disturbed gun
purchasers ("Do you have a diagnosed mental illness regardless of whether you are
receiving treatment?") cannot be asked of a person applying for a job operating a rivet gun
or driving schoolchildren on a bus without violating the Americans With Disabilities Act.
Savvy employers know that under the ADA, employers may ask only if the applicant is able
to perform the essential functions of the job with or without a reasonable accommodation.
Although the employers involved in the cases described below eventually ended up on
the winning side, these cases illustrate how easily employers can wind up in court--sued
under the ADA--because they took job action against employees with a mental disorder.
Police officer McKenzie was seen discharging several rounds of her sidearm into the
ground at her fathers grave. She had a history of post-traumatic stress disorder.
Despite the fact that she had a positive employment record, fellow officers were not
confident in her skills and looked at her as "volatile." McKenzie applied for (but was
turned down) for a job as "peace officer." She filed a lawsuit under the ADA. McKenzie
v. Benton (10th Cir., 2004).
Plaintiff Morris suffered from post-traumatic stress disorder, anxiety attacks,
depression and insomnia. All of her conditions were greatly exacerbated by stress. In
2001, Morris served on a jury that deadlocked at a vote of 11-1; Morris was the 1. Her
name was leaked to the press and she was hounded by both the press and angry
callers for some time after the trial. This stressful situation caused her to take an
approved leave of absence from work. While on leave, her father died and her leave
was extended. When her leave ended and the company asked Morris to return to
work, she commented frequently to co-workers that she didnt understand why the
company had forced her to come back to work when she was suicidal and possibly
homicidal. Because of her comments, the employer believed Morris to be dangerous
and she was fired. Morris v. Bell South Telecommunications Inc. (M.D.N.C. 2004)
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A twenty-year employee with an unblemished work record developed post-traumatic
stress syndrome after he saved a person from drowning. The employee eventually
erupted in anger at a female co-worker, shouted obscenities at her, and struck her. He
was fired for violating the companys workplace violence policy. Hamilton v.
Southwestern Bell Telephone Co. (5th Cir. 1998)
How do employers sleep at night knowing they may have hired--or already have working
on their floor--an unbalanced employee plotting revenge? HR managers and employers
suffering from insomnia should concentrate on the following:
In limited circumstances, the ADA permits employers to inquire about an individuals
mental disabilities. Employing the EEOC-approved "fit-for-duty" examination allows
employers who observe bizarre employee behavior to have the employee examined to
determine his/her ability to perform the essential functions of the job, with or without a
reasonable accommodation. Understanding and cautiously applying the fit-for-duty
exam allows employers to make informed, legal job decisions to avert a workplace
disaster.
Check employee references. An incident with a Georgia nurse who cared for a series
of patients all who suddenly, unexpectedly died led to many states granting immunity
for employee reference checks. Remember that reference checks are still subject to
applicable discrimination laws and, depending on who conducts the checks, the Fair
Credit Reporting Act. Nonetheless, steering the narrow course to both get and give
honest references is essential in todays all-too-violent workplace.
Prepare a detailed crisis management plan that prepares for the unexpected. The
companys lawyers, human resource personnel and management team should work
together closely to develop a management plan geared toward prevention and the
management of workplace realities.
Some form of employee assistance program--getting troubled employees help when
needed--has moved from the category of "out of the goodness of our hearts" to the
realm of "business necessity."
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