Maryland's Workplace Violence Act: Imposing Legal Duty?

Recently, I've addressed numerous complaints from employers and employees regarding workplace violence and harassment. While it may seem evident that employers should immediately investigate and address employee complaints about violence and/or harassment from co-workers, here lately I think there is some confusion. Therefore, this blog reminds Maryland employers about one way of addressing workplace violence, and why I think Maryland's Workplace Violence Act should NOT impose civil liability on employers.🙄   

 What is The Maryland's Workplace Violence Act? 


This Act, housed at MD CTS & JUD PRO 3-1503, permits employer's to petition a court for a peace order on behalf of an employee, volunteer, or independent contractor facing threats or acts of violence in the workplace. 


Side Bar: A peace order offers legal protection to someone experiencing problems with another individual. 


Employers can petition for peace orders for their employees for any of the following acts: 

  • An act that causes one serious bodily harm;
  • An act that places one in fear of serious imminent bodily harm; 
  • Assault in any degree; 
  • False Imprisonment; 
  • Harassment; 
  • Stalking; 
  • Trespassing; 
  • Malicious destruction of property; 
  • Misuse of telephone facilities and equipment; 
  • Misue of electronic communication or interactive computer service; 
  • Revenge porn; or 
  • Criminal visual surveillance. 

How, When and Where to File Petition?


Employers may file petitions on behalf of their employees with the District Courts in Maryland, as District Courts have sole jurisdiction to hear peace order cases. A petition may be filed if: (i) the act (described above) is alleged to have occurred in the State; or (ii) the petitioner's employee is a resident of the State, regardless of whether the act is alleged to have occurred in the State. An employer petitioning on behalf of an employee must notify the employee before doing so, and must file within 30 days of the incident.   


Side Bar:  For the sake of this post, "petitioner" is referred to the employer. 


The petition shall: 


  1. Be under oath and provide notice to the petitioner that an individual who knowingly provides false information in the petition is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.00 or imprisonment not exceeding 90 days or both; 
  2. Contain the address of the petitioner or the petitioner's employee, except in cases where a petitioner's employee alleges, and the commissioner or judge finds, that the disclosure of the address of the petitioner or the petitioner's employee would risk further harm to the petitioner or the petitioner's employee; and
  3. Include all information known to the petitioner of:
  4. the nature and extent of the act for which the relief is being sought, including information known to the petitioner concerning previous harm or injury resulting from an act by the respondent;
  5. each previous and pending action between the parties in any court (if applicable); and
  6. the whereabouts of the respondent.


Side Bar:  For the sake of this post, "respondent" is referred to the "bad co-worker".

Prohibitions & Such

An employer may not retaliate against an employee who does not provide information for or testify at a proceeding for a peace order. 


Incidents of domestic violence at the workplace are not covered under this Act. Employees experiencing domestic violence would have to, independently and under their own discretion, file for another type of protective order. 


👉🏾  Currently, employers have immunity from any civil liability that may result from not filing a petition for a peace order, on behalf of an employee. However, the immunity provision terminates on October 1, 2023 - meaning on October 1, 2023, employers may be subject to civil lawsuits for failing to petition on behalf of their threatened/harmed employees. 

My Thoughts


In reference to the immunity provision being terminated..... I think it would be tragic to hold employers liable for failing to file petitions when an employee has the right not to provide information or testify at a peace order proceeding. What's the point of requiring employers to file a petition to protect the employee, if the employee can choose not to cooperate. The likely outcome of a court granting the peace order is slim, if there is no corroborating evidence to prove the employee needs protection. If the employee doesn't feel the need to seek or cooperate in seeking a peace order, why force the employer into a battle that is not wanted.


Furthermore, there are numerous other legal theories that impose a duty on employers to keep their employees safe. Such as: third-party liability, negligent hiring, negligent retention, negligent supervision, negligent training, etc.


Side Bar: Stay tuned, our next blog will talk about each one..... but spoiler 🚨 - those theories do not require employee cooperation.


Regardless, I do agree that an employer aware of workplace violence within their company should take all necessary steps to remove the "bad co-worker". If an employee is physically violent towards another employee, then the employer is required to call for immediate assistance from law enforcement. In all other circumstances, the employer should utilize their company's disciplinary policy to prevent workplace violence. And the best place to start is TAKING EMPLOYEE COMPLAINTS SERIOUSLY.


I think the Act is a great course of action to take when there is a chance that the violence inflicted on the employee will continue and/or worsen. Meaning if the employer and employee agree that the "bad co-worker" will continue to harm the employee, then a peace order may be useful. Sometimes, terminating a "bad co-worker" is just not enough. 


💕 THANKS FOR READING 💕       

Legal Disclaimer: this Blog is made available by Hairston Law, LLC for educational purposes only as well as to give you legal updates and a general understanding of employment and business law related topics, not to provide specific legal advice. By using this Blog you understand that no attorney-client relationship is formed between you and Hairston Law, LLC. This Blog should not be used as a substitute for competent legal advice from a licensed attorney in your state.

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