A
Chinese employer made news last week for
an unusual workplace discipline episode after a cellphone video revealed
employees receiving public spankings for poor performance. The cellphone
video shows a man with a wooden stick spanking eight employees four times
each. The employer, a bank, claimed the spankings occurred during a
team-building exercise facilitated by a corporate coach.
Corporal
punishment is illegal in China, and, not surprisingly, a spanking policy
or “team-building” endeavor of this kind would raise serious legal issues for U.S. employers
as well.
In addition to potential criminal or civil claims of assault
and/or battery, workplace spankings could subject an employer to tort
liability for intentional or negligent infliction of emotional
distress. Historically, such claims are tough to prove absent extremely
egregious behavior, but spanking might be deemed to fit the bill. Employee
spanking could also raise workplace safety risks (e.g. OSHA) or a risk of
worker’s compensation claims. In addition, workplace spanking could prompt
claims of sexual harassment or other discrimination claims if applied to
one group of employees (e.g. female employees) but not another.
Let
this latest "stranger than fiction" news be a reminder
that employers should avoid any company policy or practice that encourages
intentional physical contact and possible employee humiliation!
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