An injunction against workplace harassment is a type of protective order. It is similar to an order of protection and an injunction against harassment in that it prohibits a person from doing certain things or from going to certain locations. The actual process to obtain an order of protection is the same as that for an order of protection, but who may seek the order, the factual basis required, and the relief granted by the order are different.
Who may petition the court for an injunction against workplace harassment?
As you may have guessed, an injunction against workplace harassment prohibits harassment at a place of work. An injunction against workplace harassment may only be obtained by an employer or an authorized agent of an employer. The purpose of the injunction is to protect the employer and its employees from the harassment.
What must be alleged to obtain an injunction against workplace harassment?
The factual requirements are nearly identical to those required for a regular injunction against harassment, except the harassing acts must have taken place at work or while performing work duties. A.R.S. 12-1810(C)(3) requires “A specific statement showing the events and dates of the acts that constitute harassment toward the employer or any person who enters the employer’s property or who is performing official work duties.” How many events constitute a series? This is a subjective question whose answer will vary depending on the judge who hears your case, but as the number and frequency of the events increase, so will the likelihood that you will be able to obtain an injunction.
What relief does an injunction against workplace harassment provide?
An injunction against workplace harassment only protects the employer and employees while at their place of work or while performing official work duties. The injunction would not, for example, protect an employee from harassment while the employ was at home spending time with his family. For protection outside of work, you would need to obtain an order of protection or a regular injunction against harassment, whichever is appropriate.