LABOR LAW: Employer lessons From The Will Smith Slap Heard Around The Country

RICHMOND TIMES DISPATCH: Most of us have now seen the infamous slap that actor Will Smith gave host Chris Rock during the Oscars. Smith went on stage and slapped Rock after Rock made a joke about Smith’s wife’s hair.

Rock claims not to have known that Smith’s wife was bald due to a medical condition, alopecia.

Smith followed the slap by a foul-mouthed declaration to Rock.

Here are six employer lessons from the Oscars incident.

1. Violence is never justified and should never be tolerated.

At the time Smith walked on stage and slapped the host of the show, Rock was working and doing his job. This event constituted workplace violence.

There has been much commentary on whether Rock’s joke went too far, and thus justifying Smith’s actions.

Rock’s joke about a medical condition would not be tolerated in the workplace, but as a hired comedian, only the Oscar planners can determine the parameters of what is off limits.

In the workplace, Rock would have been disciplined for disparaging or joking about another person’s medical condition. 

But Rock’s insensitive joke, even if made while working at an organization, does not justify Smith’s response.

Employers must never tolerate any violence, or threats of violence, and never excuse or justify it.

Any act of violence, or threat of violence, even if someone believes the person is kidding, should result in dismissal. 

2. Implement a robust policy against workplace violence.

Every employer needs a policy against violence, threats of violence, or violent behaviors (such as yelling, slamming doors, throwing objects and other angry behaviors) and an associated zero-tolerance stipulation.

3. Remove anyone accused of violence immediately.

Instead of immediately removing Smith following the incident, Oscar planners seemed to have no response, and subsequently gave him an award. It doesn’t matter if Smith was the most important person in attendance, if he was about to be given a big award or if they thought he was somehow justified — he, like any employee accused of violence, should have been removed immediately, pending an investigation.

Upon removal from the workplace, an accused employee should be instructed not to return to any work location, or contact anyone in the organization other than the investigator, pending the investigation.

4. Rock chose not to press charges, but that shouldn’t change the employer’s response.

Too often organizations rely on the criminal proceeding to determine whether and how to address violent workplace behavior. The criminal process is separate from the employer’s response. It doesn’t matter if Rock decided to press charges (which he reportedly declined).... 

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