Stalking at Work- Who can respond?

In this month’s e-newsletter, we feature the issue of stalking in the workplace. As this crime focuses narrowly on one individual, the question emerges on who and how should the situation be handled. What can the targeted individual do and what are the responsibilities of the employer and more importantly, what should be done when there is a conflict of opinion.
Very often, especially in domestic violence cases, the victim does not want to take legal action against the perpetrator. There are a myriad of reasons for this stance and perhaps in another entry we can discuss those reasons but the point is that often the employer and employee may be in conflict on how to handle the situation.
In terms of legal issues, only the actual victim or target of the crime can take out the criminal charges such as Communicating Threats or Stalking (while states vary, all have similar statutes for these crimes). While a Law Enforcement officer can charge someone with these crimes, it often requires the support and approval of the victim. They are the one who suffers from the action. However, employers can take out charges such as Trespassing (as it is their property) or even Telephone Harassment (as it their phone being called).
In terms of restraining orders, the commonly known domestic violence restraining order can only be taken out by the person (employee) who has to want utilize this relief. An employer cannot obtain this type nor can they “persuade” an employee to obtain one. In Gavin de Becker’s acclaimed book, "The Gift of Fear", he describes the Laura Black case of the mid-1980’s where Richard Farley killed 7 workers at the ESL Corporation. He alleges that Black did not want to get the restraining order against Farley and it was just before the court date of that order when the tragic assault occurred.
However, there has been the growth of workplace restraining orders (pdf) where employers can obtain one against a stalker but just as it pertains to the workplace. In many of these laws, there are requirements to inform the targeted employee but they do not need their permission.
Naturally, it is the best option is when the employer and employee communicate and come up with a plan together to ensure the safety of everyone. However, when there is a disagreement, every party has to take the action that they believe is best. For employers, it is prudent to take the victim’s concerns into their assessment. They are often “the experts” in surviving this perpetrator. And they should never make it a condition of employment that they victim take any legal course of action. This heavy-handed approach is sure to discourage disclosure and communication. This not to say that employer is without options or the right to secure the workplace. A thorough investigation should be made and appropriate measure taken to meet any potential threat.
Your views and experience in this issue are welcome.