TexasCHLforum.com

Received the following from a friend, how would y'all suggest the woman handle this? I have ideas but thought I'd solicit feedback here:

An employee (who appears to be a skinhead) repeatedly tells another employee (Jewish woman) that he has a swastika tatoo on his back; brandishes a gun in front of her in the office and later tells her that he is applying for a concealed HG license.

Of course the woman is now concerned for her safety. There is also the possibility of retaliation from the co-worker.

Suggested course of action?

I see what I believe is a violation of:

Sec. 42.072. STALKING. (a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct, including following the other person, that:

(1) the actor knows or reasonably believes the other person will regard as threatening:
(A) bodily injury or death for the other person;
<snip>
(3) would cause a reasonable person to fear:
(A) bodily injury or death for himself or herself;
(B) bodily injury or death for a member of the person's family or household; or
(C) that an offense will be committed against the person's property.
(b) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted under this section.
<snip>

IANAL, would Item C in this section also apply?
Sec. 22.05. DEADLY CONDUCT. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.
(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.
(d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01.

(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Again, what would y'all do?

Thats at least two types of EEOC level descrimination, plus assault via brandishing a weapon.
She should SUE EVERYONE.

if it were me . i would call the police on the punk .
i might make sure the punk had the gun with him that day first .

IMO....Stalking, iffy because telling the woman he has an offensive tattoo is and of itself, not a violation of the law. Brandishing of the gun? How many times did he wave it around? I'll address that later.

DEADLY CONDUCT I think that's stretching it to far, unless he has verbally threatened her with deadly conduct, or has assaulted her.

But he definitely IS in violation of Disorderly Conduct, PC 46.01(a)(8) - P. 35 of Handbook,
AND Unlawful Carrying Weapons, PC 46.02(a)(1), (a-1)(1) - P. 37 of Handbook

If he's a convicted felon, more laws come into play.

I trust others will chime in shortly listing a whole HOST of other things to come up with to use against that thing.

If he's applying for a CHL, a friendly note to the DPS couldn't hurt, either.

The last two companies that I worked for (Fortune 500 or larger) going back 20 years had ethics hotlines that were operated by a third-party company. We were specifically told to call the hotline for harassment and threats. They take this kind of thing seriously, because it can result in expensive lawsuits.

I don't know exactly how the monitoring company would handle this. It has never come up in my experience. I have heard of people being fired for this kind of behavior.

Of course, that means the woman will have an enemy with a grudge, instead of just an enemy who hates here for who she is. Appropriate precautions are called for.

If you're talking about a sole proprietorship or company that is too small to have an HR or security department, I see only two alternatives: Talk to the boss or quit.

I am pretty sure that most companies will frown on an employee filing a criminal complaint against another employee for something that happened in the workplace.

Furthermore, if she could get charges filed against the guy, he would bond out soon and really have a grudge.

The EEOC is supposed to investigate this kind of thing, but they have become fairly toothless.

- Jim

First thing she should do is contact her supervisor and the HR department of her company. They should handle the issue and complaint.

If they fail to take care of it in an appropriate manner, then she needs to call the EEOC as it is harassment. and an uninvited display of a handgun can be construed as a threat.

EDITED TO ADD: seamusTX beat me to some of this.

Thanks for the comments guys. Biggest problem is this nutcase will know who complained.

I'm sure that your friend isn't the only person he's harassed. So, if a complaint is filed and he gets canned, he may be too ignorant to figure out who filed the complaint.

Just let the police know that he's carrying and he never has to know who tipped them off.

Whether or not the police take the time to round this guy up is another matter.

One time there was a kid in my neighborhood flashing a pistol and I called out the constable. I found out later it turned out to be an airsoft but the kid removed the orange tip. The point is that the constable was cruising for this guy within 5 minutes. I also heard his momma about took his head off when she found out what happened.

Anyway, your friend should at least give the police a call so there's a paper trail if something happens.

IANAL or a Cop, but I believe you must tell the person to stop the harrassing behavior. If the behavior continues then you have legal grounds if the company does not investigate and correct the situation. I would suggest getting numerous [dependable] witnesses, tape recordings, if possible. Document all instances and give copies to your manager and HR. If the behavior continues and the company doesn't change the hostile work environment then you can file a lawsuit. At least that's what I remember from the training that I got from HR.

Flashing a gun is a different story. That's grounds for immediate action by the company and the police. Get a good description of the weapon and report it immediately. Good Luck.

IANAL
I think going to employer first is the wrong move. This person all but threatened this lady by showing the swastika and brandishing the weapon. FILE A POLICE REPORT IMMEDIATELY. Then tell direct employer/supervisor that you have filed the police report. This is over and beyond what can reasonably be considered an "employment" issue and is a legal issue needing law enforcement intervention.

If the employer does not like this, tell them she was scared for her life and they need to do a better job screening their employees. If employer gives her flak, threatens reprimand or other punitive action, lawyer up. No company policy over rides any citizen's rights to call the police if they are threatened with violence.
IANAL

austinrealtor wrote:IANAL
I think going to employer first is the wrong move. This person all but threatened this lady by showing the swastika and brandishing the weapon. FILE A POLICE REPORT IMMEDIATELY. Then tell direct employer/supervisor that you have filed the police report. This is over and beyond what can reasonably be considered an "employment" issue and is a legal issue needing law enforcement intervention.

If the employer does not like this, tell them she was scared for her life and they need to do a better job screening their employees. If employer gives her flak, threatens reprimand or other punitive action, lawyer up. No company policy over rides any citizen's rights to call the police if they are threatened with violence.
IANAL

Very well put austinrealtor! I agree completely.

I don't think that anybody actually showed a swastika tatoo. Telling someone that they have a tattoo is not a crime.

I agree that showing a gun is a different story that calls for a police report, but I would still go to my boss and HR and tell them that I am filing a report. If the police show up at work and your superiors find out you called them and they get a surprise visit they will be very upset. Assuming you want to stay at the company it is the professional thing to do.

Well, I'm not telling anyone what to do. I'm telling what I would do (given that I am not a Jewish woman).

I don't think showing someone a firearm, per se, is assault. It could be, depending upon the context. Sociopaths often know the law and walk a fine line to annoy and intimidate people while not quite breaking the law.

There's also a problem of burden of proof if there are no witnesses other than the complainant.

I looked at my employer's harassment policy. It states explicitly, several times, that any harassment, threats, or other ethical violations must be reported immediately to management or the hotline.

It also states that employees should not investigate violations on their own, and that failing to follow the policy is grounds for discipline of the employee who failed to report.

Certainly you have the right to go to the police, but the company also has the right to enforce its policies (if they have any).

- Jim