Domestic violence is quite prevalent in American society. Experts familiar with the issue tell us that domestic violence walks through the doorway of every workplace every day in the U.S. Domestic violence is experienced by 1 in every 4 women, or 1 in every 5 depending on one’s source, is a victim of domestic violence in their lifetime.
In addition, 1 in every 10 men is a victim of domestic violence at sometime in their lives. The victims do not leave their experience at home. Rather they bring it to work with them every day.
Domestic violence may be defined as violent physical contact by one person with another person in the context of a family relationship. However, the victim could also be a member of a shared household or a person who is dating their abuser. It occurs within marriages, both legal and common law, and in other intimate relationships as well.
However the term also includes sibling abuse, elder abuse and the abuse of children. The abuse can be verbal, emotional, psychological and physical. However, clearly physical violence and the threat of physical violence are the kinds that most often concern law enforcement and would be of the greatest concern to employers also.
What Is Domestic Violence in the Workplace?
The Society for Human Resource Management has conducted a survey which reportedly revealed that in the past 5 years 16 percent of organizations have experienced a domestic violence incident in the workplace. Nineteen percent of them had a problem within the past year. At the same time, 22 percent of them did not know about the issue. This suggests that many employers may not be prepared to respond to the issue appropriately.
How Can I Recognize Domestic Violence in the Workplace?
The signs and indicators that an employee is the victim of domestic violence are not always obvious. Domestic violence might appear in the workplace in a very direct way when a spouse or partner shows up at the entrance to a business looking to perpetrate violence directly on an employee.
In other instances, the existence of the problem can take a more subtle form. A concerned employer might look for employees who frequently arrive at work with bruises and other injuries they cannot explain adequately. Another sign is frequent, last-minute absences.
Abuse might take the form of aggressive or threatening comments, absenteeism, or aggressive and abusive comments heard in the background of an online meeting. Needless to say, an abused employee’s work performance may suffer. They may show decreased productivity, a decline in motivation. They may be less sociable, distant, anxious or fearful.
What Are an Employer’s Legal Obligations Regarding Employees Who Are Victims of Domestic Violence?
Victims of domestic violence are not a protected class for the purpose of federal anti-discrimination laws. However, in some states people who are or appear to be victims of domestic violence are a protected class for the purpose of state laws that prohibit discrimination in employment.
For example, domestic violence victims are a protected class in New York in hiring, promotion and other terms and conditions of employment. Employers cannot discriminate against domestic violence victims and may not retaliate against them or subject them to negative actions.
Employers may not take any adverse actions in connection with the employment of a person who is a victim of domestic violence.
So, in New York and other states with similar laws, employers would want to institute policies that ensure there is no discrimination against domestic violence victims in the workplace.
Experts also advise all employers to put policies in place that deal with the issue of domestic violence. Among their recommendations are policies that deal with such issues as the following:
- Conduct in which employees engage when they are off-duty;
- Concerns about security in the workplace;
- Procedures in the event that an employee violates an employment agreement or other condition of employment;
- Conduct that does not require formal action but still requires a response of some kind because employees know about it and the situation disrupts the workplace.
How Can an Employer Provide Support to Victims?
The first thing an employer can do is to address the issue with the employee who is a victim in a direct and confidential manner. Of course, an employer would want to make sure that it has done the necessary research and is confident that a staff member is adequately trained to take on the responsibility of talking to an employee who is a victim and well versed in how to handle the situation.
There are a number of charities that work with victims of domestic violence which could serve as sources of information and guidance for both employers and employees as follows:
- National Coalition Against Domestic Violence;
- LifeWire;
- Safe Horizon;
- Kathy’s Legacy Foundation;
- Partnership Against Domestic Violence;
- Futures Without Violence;
- Urban Resource Institute;
- YWCA USA;
- Doorways for Women and Families;
- House of Ruth.
These non-profits may also be sources of assistance to an employee who is a victim.
In addition, there are numerous organizations that give guidance and offer resources to human resource professionals. These organizations are able to suggest workplace policies that address the issue and may be able to refer an employer to other resources as well.
Both the charities and professional human resource organizations may be able to provide training and other programs aimed at raising awareness of domestic violence and how to respond to it appropriately and productively. Of course, both employees and management should participate in programs to raise awareness and educate them about effective responses.
How Should an Employer Intervene in a Domestic Violence Situation?
There is one strategy if an employee is an alleged domestic abuser and an entirely different one if an employee is a victim of domestic violence.
If an employee is formally charged with perpetration of domestic violence, their employer wants to speak to the employee about the allegations. They might advise the worker about counseling that may be available through the employee assistance program (EAP) if the employer has one.
An employer may want to put the worker on leave while allegations are investigated, which should be done quickly. The employer does not have to prove to itself beyond a reasonable doubt that an employee is a perpetrator of domestic violence. It can take disciplinary action if it believes that it is more likely than not that the employee is a perpetrator.
If the employee is a victim of domestic abuse, the employer should remember that victims of domestic violence are protected by many state and local laws. Employers want to inform their employee about the laws designed to protect them. Then they should give the employee time off to deal with issues related to the situation, e.g. time to find a new housing situation, to attend court hearings and the like. An employer may want to refer the employee to law enforcement.
An employer can refer a victim to its EAP program also and to other resources in the community, e.g. one or more of the charities that assist victims of domestic violence, and legal aid societies that may help the victim get a restraining order if the victim is willing to cooperate in that legal process.
One advantage of helping the victim get a restraining order is that the employer could make sure the victim’s workplace is included in the places that are placed off limits to the perpetrator. This could be an important security measure for both the victim and other employees in the workplace.
If the alleged perpetrator of abuse works in the same place as the alleged victim, an employer would probably want to assign the perpetrator to a completely different work location.
Whether an employee is a victim or a perpetrator, an employer wants to be sure that it is responding in the best professional manner on the basis of research, education and training. An off-the-cuff response might do more harm than good.
Do I Need the Help of a Lawyer For My Workplace Domestic Violence Issue?
An employer wants to be proactive in preparing to respond to domestic violence issues in the workplace. A domestic violence lawyer could provide valuable guidance and advice. Your lawyer can inform you about the requirements of the law in the state where your workplace is located. Your lawyer could also review any proposed policies to ensure that they are legally sound.
LegalMatch.com can connect you to an employment lawyer who can make sure you put the best policies in place and enforce them in a manner that helps you address the problem while avoiding potentially expensive liability problems.
