Harassment, Assault and Battery

Harassment, Assault and Battery Playbook: Prevention, Response, and Organizational Accountability

Safe workplaces are free from violence, harassment, intimidation, and other disruptive behavior

Meta Summary: A comprehensive playbook from beginner understanding to management-level policy. Defines harassment, assault, and battery; identifies legal obligations; outlines prevention, reporting, and response strategies; and provides verified case examples for individuals, teams, and organizations.

Table of Contents

• Chapter 1: Foundations – Legal Definitions and Core Concepts
• Chapter 2: Recognizing Risk – Forms, Settings, and Warning Signs
• Chapter 3: Individual Action – Rights, Documentation, and Immediate Response
• Chapter 4: Advanced Response – Investigations, Legal Pathways, and Support Systems
• Chapter 5: Sustainability – Management Duties, Policy, and Prevention Programs
• FAQ
• References

Chapter 1: Foundations – Legal Definitions and Core Concepts

Introduction: Why This Matters

Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It can affect and involve workers, clients, customers, and visitors. It ranges from threats and verbal abuse to physical assaults and even homicide. In 2010, healthcare and social assistance workers were the victims of approximately 11,370 assaults by persons, and almost 19% occurred in nursing and residential care facilities alone. Many more incidents probably go unreported.

Understanding the legal and operational definitions of harassment, assault, and battery is essential for prevention. Employers have a duty to provide a workplace free from violence, harassment, intimidation, and other disruptive behavior. Under the General Duty Clause, employers are required to provide employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm.

Beginner Level: Defining the Terms

Workplace Violence: An action, whether verbal, written, or physical aggression, that is intended to control, cause, or is capable of causing injury to oneself or others, emotional harm, or damage to property. The National Institute of Occupational Safety and Health defines it as any physical assault, threatening behavior, or verbal abuse occurring in the work setting.

Harassment: Unwanted behaviour that makes a person feel intimidated or offended because of a protected characteristic, including disability, race, sex, or other status. It includes offensive comments or jokes, and actions such as taking or removing assistive technology without permission.

Assault: To attack someone physically or verbally, causing bodily or emotional injury, pain, and/or distress. This might involve the use of a weapon and includes actions such as hitting, punching, pushing, poking, or kicking.

Battery: Unlawful physical contact or use of force against another person without consent. It is often charged together with assault. Examples include slapping, spitting, biting, or throwing hot liquids.

Threat: Any oral or written expression or gesture that could be interpreted by a reasonable person as conveying intent to cause physical harm to persons or property.

Intimidating Behavior: Threats or other conduct that create a hostile environment, impair operations, or frighten, alarm, or inhibit others. Verbal intimidation may include malicious or abusive statements.

Four Categories of Workplace Violence

OSHA describes four categories to help organizations assess risk:

• Criminal Intent: Violent acts by people who enter the workplace to commit a robbery or other crime, or current or former employees who enter with intent to commit a crime.
• Customer/Client/Patients: Violence directed at employees by customers, clients, patients, students, inmates, or any others to whom the employer provides a service.
• Co-worker: Violence against co-workers, supervisors, or managers by a current or former employee, supervisor, or manager.
• Personal: Violence in the workplace by someone who does not work there but who is known to, or has a personal relationship with, an employee.

Chapter 2: Recognizing Risk – Forms, Settings, and Warning Signs

Forms of Harassment, Assault, and Battery at Work

Physical violence: Includes kicking, spitting, hitting, pushing, biting, or more extreme violence with weapons. In retail and food service, cases have involved customers throwing hot cooking oil, scratching, biting, and causing deep wounds requiring hospital treatment.

Verbal abuse and threats: Includes shouting, swearing, insults, racial or sexual abuse, and threats made face-to-face, online, or via telephone. In one law-firm incident, a senior associate slapped a colleague in an open-plan office after a dispute, causing the victim’s ear to ring.

Sexual harassment: Unwanted verbal, non-verbal, or physical conduct of a sexual nature with the purpose or effect of violating dignity, particularly when creating an intimidating, hostile, degrading, humiliating, or offensive environment. The EEOC secured a $145,000 settlement from a Dairy Queen franchise to resolve charges affecting female employees, including teenagers, involving repeated inappropriate comments and unwanted physical contact.

Disability-related harassment: Includes whispering so a deaf person cannot hear conversations on purpose, taking or removing hearing technology without permission, and making offensive comments about deafness.

High-Risk Settings and Factors

Risk factors can be identified in most workplaces. Healthcare and social assistance, retail, food service, and law enforcement have elevated exposure. For example, an Ohio State nurse described a violent workplace attack in November 2025 that led to charges of strangulation and unlawful restraint against the assailant. In another case, an Amazon employee was punched and kicked in a parking lot outside a Rossford, Ohio warehouse, leading to a grand jury indictment of four men for felonious assault.

Common risk factors: Working with the public, handling money, working alone or in small numbers, working late hours, working in high-crime areas, and lack of security measures. In healthcare, risk increases when staff work with patients with a history of violence or substance use.

Middle Level: Warning Signs and Escalation

Early warning signs include increased absenteeism, verbal confrontations, destruction of property, direct or veiled threats, and changes in behavior such as withdrawal or aggression. An employer that has experienced acts of workplace violence, or becomes aware of threats or intimidation, is on notice of the risk and should implement a prevention program.

In a Memphis Wing Stop case, a dispute over a 61-cent shortfall escalated to aggravated assault when an employee threw hot cooking oil at two customers, causing second-degree burns over 18% of one victim’s body. The incident illustrates how quickly verbal disputes can become battery when de-escalation fails.

Chapter 3: Individual Action – Rights, Documentation, and Immediate Response

Beginner: Know Your Rights and Protections

General Duty Clause: The Occupational Safety and Health Act requires employers to provide a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm. In workplaces where risk of violence is significant enough to be a recognized hazard, employers must take feasible steps to minimize those risks.

Anti-discrimination laws: Title I of the ADA and Section 501 of the Rehabilitation Act prohibit discrimination and require reasonable accommodations. The EEOC enforces these provisions and provides resources for filing charges. Harassment based on disability, sex, race, or other protected categories is unlawful.

Right to report: You can report workplace violence to OSHA, the EEOC, or police. If you are in immediate danger, call 911. For sexual assault, the National Sexual Assault Hotline is 800-656-HOPE.

Immediate Steps During and After an Incident

1. Ensure safety: Move to a safe location. If physical contact occurred, such as a slap or being struck, that is assault and/or battery. You can contact police.
2. Seek medical attention: Document injuries. In the Port Augusta case, a fast-food worker spent the end of his shift in hospital with deep bite wounds and lacerations.
3. Report internally: Talk to your manager or human resources department. If you are a union member, speak to a representative.
4. Document: Keep a diary of dates, times, what happened, and witnesses. Save emails, messages, and video. CCTV footage captured a Melbourne waitress being struck by a customer, which became evidence.
5. Preserve evidence: Do not delete texts or photos. In legal cases, eyewitness video and mugshots have been used in court filings.
6. Do not retaliate: Legal guidance notes that while self-defense may be justified, retaliation can complicate employment and legal outcomes. In one viewer question, an employee slapped at work was terminated after the incident.

Case Example: Reporting and Legal Action

In one legal analysis, an employee slapped at work asked about options. An attorney confirmed the victim can file a battery claim against the individual and a police report. If the employer had prior knowledge of the assailant’s violent history and failed to act, a negligence claim for negligent retention may be viable. However, because employment is often at-will, the employer may be insulated from liability for termination unless exceptions apply.

Chapter 4: Advanced Response – Investigations, Legal Pathways, and Support Systems

Employer Investigation Duties

Employers are responsible for preventing bullying and harassment and should have a policy on how to recognise, deal with, and prevent it. If experiencing harassment, employees should use the employer’s grievance procedure. If internal processes fail, legal action can be taken at an employment tribunal or equivalent body.

Tribunals may order parties to provide information, medical records, impact statements, documents, and witness statements. Reasonable adjustments to the hearing process, such as breaks or specific seating, should be requested if needed.

In a Chicago law-firm case, HR opened a formal investigation after a senior associate slapped a colleague. Equity partners and HR interviewed witnesses, gathered evidence, and addressed the broader pattern of behavior. The investigation noted the importance of swift action to protect firm reputation and limit liability.

Criminal and Civil Legal Pathways

Criminal: Assault and battery are criminal offenses. Charges can include aggravated assault, strangulation, and unlawful restraint. In Rossford, Ohio, four men were indicted for felonious assault after attacking an Amazon employee. In Michigan, a woman pleaded guilty to misdemeanor assault and battery for throwing a cup at a McDonald’s employee, facing up to 93 days in jail and a $500 fine.

Civil: Victims may pursue battery claims, negligence claims against employers, and EEOC charges for harassment. The EEOC resolves charges through settlements, such as the $145,000 Dairy Queen case for sexual harassment. Victims can file charges at EEOC.gov or call 1-800-669-4000.

Workers’ compensation: Covers medical costs and lost wages for work-related injuries, including those from violence. However, some workers report system challenges and advocate for reform.

Support Resources

• Emergency: Call 911 if in immediate danger.
• EEOC: File a discrimination charge at EEOC.gov. 1-800-669-4000; TTY 1-800-669-6820; ASL Video Phone 1-844-234-5122.
• OSHA: Report hazards. OSHA has Enforcement Procedures for Investigating or Inspecting Workplace Violence Incidents.
• National Sexual Assault Hotline: 800-656-HOPE (4673) or online chat.
• Human Trafficking Hotline: 1-888-373-7888 or text "BEFREE" to 233733.
• Training: OSHA and NIOSH offer online courses on workplace violence prevention, including for healthcare workers.

Chapter 5: Sustainability – Management Duties, Policy, and Prevention Programs

Management Level: Legal Obligations

An employer has a legal obligation to provide a workplace free of conditions or activities that either the employer or industry recognizes as hazardous and that cause, or are likely to cause, death or serious physical harm when there is a feasible method to abate the hazard. Failure to implement feasible means of abatement could result in an OSH Act violation.

There are currently no specific OSHA standards for workplace violence. However, OSHA uses the General Duty Clause and has developed Enforcement Procedures for Occupational Exposure to Workplace Violence. Citations have been issued when employers fail to address recognized risks.

Building a Workplace Violence Prevention Program

OSHA believes that a well written and implemented Workplace Violence Prevention Program, combined with engineering controls, administrative controls, and training, can reduce the incidence of workplace violence. One of the best protections is to establish a zero-tolerance policy toward workplace violence.

Key elements:

1. Policy statement: Clearly forbid violence, abuse, verbal and emotional abuse, and harassment of all kinds. Communicate that claims will be investigated and remedied promptly.
2. Hazard assessment: Identify risk factors. In healthcare, OSHA’s Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers provide sector-specific advice.
3. Engineering controls: Install glass barriers, improve lighting, control access, and use surveillance. In one fast-food assault, lack of security was criticized.
4. Administrative controls: Adjust staffing, limit cash handling, establish check-in procedures for field staff, and set return and exchange policies to reduce conflict.
5. Training: Train supervisors and managers to recognize bullying, abuse, and violations and know how to respond. Train workers on de-escalation, reporting, and emergency procedures.
6. Incident response: Ensure hospital security and police are on scene immediately when violence occurs. Provide post-incident support, including medical care and counseling.
7. Review: Regularly evaluate the program. Update after incidents, like the Tesla lawsuit where plaintiffs alleged the company refused to disclose an assailant’s identity to police.

Case Example: Organizational Liability and Response

A lawsuit filed in Austin courts alleges Tesla neglected workplace safety after an employee was assaulted by a coworker who was later identified as the suspect in a mass shooting. The plaintiff claims Tesla refused to disclose the assailant’s identity to police, endangering other workers. The case highlights employer responsibility for investigating, cooperating with law enforcement, and addressing known risks. It also underscores the intersection of workplace violence, corporate liability, and public safety.

FAQ

What is the difference between assault and battery?

Assault is to attack someone physically or verbally, causing bodily or emotional injury, pain, and/or distress. It can include threats and attempts. Battery is unlawful physical contact or use of force without consent, such as hitting, slapping, or throwing hot liquid. Many jurisdictions charge them together.

Can my employer fire me if I report harassment?

Retaliation for reporting harassment or discrimination is unlawful. Victimisation – treating someone differently because they made or supported a complaint – is prohibited under anti-discrimination law. You can file a charge with the EEOC if retaliation occurs.

Are verbal threats considered workplace violence?

Yes. OSHA defines workplace violence to include threats of assaults. HSE defines work-related violence as any incident in which a person is abused, threatened, or assaulted in circumstances relating to their work. Verbal abuse, threats, and intimidation are included.

What if the violence is from a customer, not a coworker?

Customer or client violence is one of the four OSHA categories. Employers must still assess and mitigate risk. Examples include a customer throwing hot oil at fast-food workers and a customer striking a waitress, causing a chipped tooth. Employers should train staff on de-escalation and provide security measures.

References

1. Occupational Safety and Health Administration. OSHA Field Safety and Health Management System Manual, Chapter 10. Violence in the Workplace. https://www.osha.gov/shms/field-manual/chapter-10
2. Occupational Safety and Health Administration. Healthcare – Workplace Violence. https://www.osha.gov/healthcare/workplace-violence
3. Occupational Safety and Health Administration. Workplace Violence – Enforcement. https://www.osha.gov/workplace-violence/enforcement
4. Occupational Safety and Health Administration. Preventing Violence in the Workplace. https://www.osha.gov/sites/default/files/publications/osha3148.pdf
5. Occupational Safety and Health Administration. OSHA policy regarding violent employee behavior. Letter of Interpretation, December 10, 1992. https://www.osha.gov/laws-regs/standardinterpretations/1992-12-10
6. Occupational Safety and Health Administration. Workplace Violence – Training & Other Resources. https://www.osha.gov/workplace-violence/training-other-resources
7. Health and Safety Executive. How employers can protect workers from violence and aggression at work – Overview. https://www.hse.gov.uk/violence/employer/index.htm
8. Health and Safety Executive. Violence – What you must do. https://www.hse.gov.uk/violence/law.htm
9. National Deaf Children’s Society. Workplace rights for deaf people – Equality and support. https://www.ndcs.org.uk/information-and-support/education-and-learning/employment-and-work/workplace-rights-for-deaf-people/
10. U.S. Equal Employment Opportunity Commission. Hearing Disabilities in the Workplace and the Americans with Disabilities Act. https://www.eeoc.gov/laws/guidance/hearing-disabilities-workplace-and-americans-disabilities-act
11. U.S. Equal Employment Opportunity Commission. Mid Atlantic Dairy Queen to Pay $145,000 to Resolve EEOC Sexual Harassment Charges. https://www.instagram.com/p/DOOf7GdjQWb/
12. Ogletree Deakins. OSHA Cites Employers for Workplace Violence. https://ogletree.com/insights-resources/blog-posts/osha-cites-employers-for-workplace-violence/
13. NIOSH. Workplace Violence Prevention for Nurses. CDC Course No. WB4525. https://www.cdc.gov/niosh/docs/2013-155/
14. 10TV WBNS. Ohio State nurse speaks publicly for first time about violent workplace attack. https://www.facebook.com/WBNS10TV/posts/pfbid028fgX9RZQ8iu8EfKhFFX7DeY1JrU7SzqCt9iVwjgwS9sa23pe85dk26ECbQFNKsoMl
15. WTOL11. Four men indicted for assaulting Amazon employee outside Rossford warehouse. https://www.instagram.com/reel/DWGbRtFEUiC/
16. 7NEWS Adelaide. Fast food worker scratched and bitten in horrifying workplace assault in Port Augusta. https://www.instagram.com/reel/DPa8C4DACDn/
17. ABC News. CCTV footage captures shocking attack on waitress at work. https://www.instagram.com/reel/DXtizqzDJj3/
18. The Neighborhood Talk. Memphis Wing Stop employee arrested for aggravated assault after throwing hot oil. https://www.instagram.com/reel/DNWhio_vXX-/
19. McGill Media. Michigan woman pleads guilty to misdemeanor assault and battery for throwing cup at McDonald’s employee. https://www.facebook.com/GoMcGill/posts/pfbid02fgnM4MmGCfXn1kA9FqUxAeLqoykhRxwSAoaYFRmdVUtvqhT9etQhjRW1JAWmAHqvl
20. Regina Molden, Esq. Legal analysis of workplace slap and termination. https://www.instagram.com/reel/DO881ulAIEo/
21. CBS Austin. Lawsuit filed alleging Tesla neglected workplace safety after employee assault. https://www.instagram.com/reel/DVrNKh1D4aX/
22. Purposeful Days. Law-firm assault narrative and HR investigation. https://www.facebook.com/reel/2016416675957205/
23. European Agency for Safety and Health at Work. OSHwiki: Sexual harassment and victimisation: what happens in the workplace. https://oshwiki.osha.europa.eu/en/themes/sexual-harassment-and-victimisation-what-happens-workplace