Workplace Protective Orders

Workplace protective orders are designed to create a barrier of legal protection for individuals experiencing harassment, stalking, or violence in the workplace.

In an era where workplace safety and employee well-being are paramount, harassment at work remains a pressing issue. For many, a protective order can be crucial in addressing and preventing harmful behaviors. This blog explores workplace protective orders, their purpose, how they work, and the steps to secure one.

What Are Workplace Protective Orders?

Workplace protective orders (also known as restraining orders or no-contact orders) are legal documents issued by a court to protect employees from harassment, threats, or violence at work. These orders can apply to various situations, including domestic violence that spills over into the workplace, stalking, or coworker disputes escalating into threats or intimidation.

Why Are Workplace Protective Orders Important?

Workplace harassment doesn’t just affect the targeted individual—it creates a ripple effect, lowering morale, productivity, and even company reputation. Protective orders provide a legal safeguard by:

1. Prohibiting the perpetrator from contacting the victim at work.
2. Restricting the harasser’s proximity to the workplace.
3. Enabling law enforcement to intervene if the order is violated.
4. Empowering employees to feel safe and focused.

How to Obtain a Workplace Protective Order

Securing a protective order often involves a straightforward legal process but varies by jurisdiction. Here are the general steps:

1. Document the Harassment
   Collect evidence such as emails, messages, witness statements, or recorded incidents. This documentation strengthens the case when presenting it in court.
2. File a Petition
   In some jurisdictions, the employee or the employer files a petition with the local court. It outlines the harassment details and explains why the order is necessary.
3. Attend a Court Hearing
   Both parties may need to appear before a judge. The victim presents evidence of the harassment, while the accused may offer a defense.
4. Enforce the Order
   Once granted, the protective order is enforceable by law. Inform your workplace HR department, and provide them with a copy to ensure compliance.

Employer Responsibilities

Employers play a critical role in preventing and addressing workplace harassment. They should:

• Foster a harassment-free culture through training and policies.
• Support employees seeking protective orders by offering legal resources or flexibility.
• Cooperate with law enforcement to enforce the order.
• Implement security measures to ensure the workplace remains a safe environment.

Limitations and Challenges

While workplace protective orders are effective, they are not foolproof. Challenges may include:

• Enforcing orders in remote or fieldwork settings.
• Retaliation fears, where victims hesitate to file out of concern for their job security.
• Difficulty proving harassment in the absence of solid evidence.

The Bigger Picture

Workplace harassment isn’t just a legal issue—it’s a human one. Beyond protective orders, organizations must create an environment where employees feel safe speaking out. Comprehensive policies, open communication, and swift action against harassment are key to achieving this.

Workplace protective orders are vital tools for safeguarding employees against harassment. They empower victims, uphold workplace safety, and promote a culture of respect. Understanding and leveraging these legal safeguards is an essential step for both employers and employees, and they can help create a harassment-free workplace.

FAQs About Workplace Protective Orders

What types of behavior can a workplace protective order address?

A workplace protective order can address various forms of harassment, including stalking, verbal threats, physical violence, intimidation, or other behaviors that create a hostile work environment. It can also cover situations involving domestic violence that spill into the workplace.

Can my employer file a workplace protective order on my behalf?

In some jurisdictions, employers can file protective orders to safeguard their workplace and employees from harassment or violence. However, in other areas, only the victim can file. Check your local laws to determine the specific regulations in your region.

What happens if the person violating the order works in the same company?

If the harasser is a coworker, the protective order can require them to stay away from the victim and potentially restrict their access to certain areas of the workplace. Employers may need to reassign duties or consider termination to enforce the order and maintain a safe work environment.

How long does a workplace protective order last?

The duration of a workplace protective order varies by jurisdiction. Some orders are temporary, lasting a few weeks until a court hearing, while others can be issued for months or even years. Extensions can often be requested if the threat persists.

Will filing a workplace protective order affect my job security?

Employers are prohibited legally from retaliating against employees who seek protection through a workplace protective order. If retaliation occurs, it may violate workplace safety or anti-discrimination laws, and the victim can take legal action.