Security Guards and Conversation: Let’s Talk About Talking (and Lawsuits)

Security Guards and Conversation: Let’s Talk About Talking (and Lawsuits)

In the past we’ve discussed the lawsuits that security guards and their firms face around the country, a trend that’s grown in recent years along with the number of confrontations. Most of these lawsuits involve alleged assault, illegal detainment, injuries, and other serious incidents like this. However, there’s another kind of action that may get security guards in trouble, one that’s a lot easier to prove if someone happens to be recording: What they say to people.

A recent example in Portland saw a man file a lawsuit against a security staffing company and management firm at the Moda Center venue for using racist language. The security guard’s physical actions weren’t a problem in this case: He was fulfilling his job by trying to stop someone from illegally selling tickets outside of the venue. But in the course of that duty, the guard used some very specific racist language that’s hard to take any other way (and then repeated it, and then confirmed to his supervisor that he said it, which makes for a very strong case).

This isn’t the first time guards have gotten into trouble for things they’ve said. In 2018 a guard was promptly fired by a security firm to avoid liability for racist remarks that the guard allegedly made while also trying to make a racist drink order in Kansas City. And one particularly cautious firm fired a guard back in 2019 for asking students not to use racial slues in Wisconsin.

It’s important to understand that security guards can create liability issues without touching a person, especially if they use language that’s offensive or could be construed as a racial or sexual assault. We know it’s already a challenge to keep guards aware and trained to avoid liability issues resulting from injuries or other actions. Now security firms have to worry about what their guards say, too? But fortunately, firms can limit this risk with a few basic guidelines for all jobs, especially those where security guards frequently interact with the public.

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