Nearly
one third of US women report having been the victim of sexual or physical abuse
at some point in their lifetime. This staggering statistic indicates the high
likelihood that one or more of your employees has been victimized. Business
owners need to understand the impact that domestic violence has on their
employees, their workplace, and their bottom line.
Domestic
violence (DV) creates a ripple effect. It impacts every part of a victim’s
life, including work. Employers must take steps to create a safe environment
and understand their responsibilities when an employee falls victim to DV. It
is important to create policies that aid and protect the victim and the
business and to understand the company’s role in the situation.
Laws
Laws
are in place in most states allowing the victim to maintain their job security
while dealing with DV and its aftermath. Allowances must be made by law so that
a victim can receive the proper medical and psychological care, and deal with
any legal issues. The following is the North Carolina law concerning this:
NORTH CAROLINA: N.C. Gen. Stat. § 50B-5.5
& § 95-270(a).
An employer is prohibited from discharging,
demoting, disciplining, or denying a promotion to an employee who takes
“reasonable time off” from work to obtain or attempt to obtain a protective
order or other relief under the state’s domestic violence law. An employee who
is absent from the workplace shall follow the employer’s usual leave policy or
practices; if the employer generally requires advance notice of absences, an
employee must provide advance notice “unless an emergency prevents the employee
from doing so.” An employer may require
the employee to provide documentation showing the reason for the employee’s
absence
74%
of female victims report being harassed by their partners while working. There
is a restraining order that an employer can get to protect the employee. The
employer applies for it on behalf of the employee to safeguard them from
violence, harassment, or stalking while at work. The law for North Carolina is
as follows:
NORTH CAROLINA: N.C. Gen. § Stat. 95-261.
An employer may seek a civil no-contact order
on behalf of an employee who has been subject to unlawful conduct, such as
physical injury or threats of violence, at the workplace. Prior to seeking such
an order, the employer must consult with the employee who is the target of the
violence to determine whether the employee’s safety would be jeopardized by
participating in the process. An employee who is the target cannot be
disciplined based on their involvement or lack of involvement in the process.
Policy
In
addition to following the letter of the law concerning victim’s rights, it is
important to have a DV policy in place. Taking measures to do this, before
there is a problem, will ensure your company is prepared should a situation
arise.
Recommendations
for a thorough policy:
· Abide by all
existing laws covering victims of DV.
· Establish a
confidential system for reporting domestic or sexual violence.
· Carefully define
domestic and sexual violence. Broad is better. Consider including same-sex and
dating relationships.
· Keep resources
and referral information current and post in highly accessible areas.
· Adjust schedules
and provide paid and unpaid leave for medical care, counseling and legal
assistance.
· Ensure workplace
safety. Assess parking arrangements, enforce civil protections, exercise the right
for an employer restraining order, screen phone calls and visitors, and develop
a safety plan.
· Enforce a strict
policy on employees who threaten or abuse on work time or with company
resources.
· Choose health
insurance plans that do not discriminate against physical or sexual abuse.
Employer
Liability
It is imperative
to understand the company’s role in protecting employees. If management ignores
threats and does not adequately provide safeguards to ensure employee safety,
the company can be held liable. In 2008, an associate at Old Navy in the
Chicago area was shot and killed by her abuser at work. The parent chain, Gap,
Inc., was sued for not taking the proper precautions for the employee’s safety.
The gunman was able to enter through an unlocked employee door. Also, after the
perpetrator entered the store the management failed to act, despite previously
being made aware of the threats.
Missed work is a
problem with victims of DV. Over one million women are stalked each year, and a
quarter report missing work because of it. In 2000, 36% of rape and sexual
assault victims lost more than ten days of work after being victimized. While
missed work is usually unavoidable in these situations, having a comprehensive
policy to help victims may minimize time off. This is another reason why
victims must feel safe and supported at work.
Show your
employees that you value them, and their well-being, by explaining the
company’s stand on domestic violence. Outline your policies and remind them
that they can always reach out to management if they have a problem with DV or
sexual assault. Understand the laws and how your company can help an employee
that is a victim. Providing workers with information and education will not
only help any victims, it will also show any abusers that their behavior is
unacceptable socially, and by law. Take a stand against domestic violence for
your employees, their co-workers, and their families.
Sources:
Domestic Violence Statistics. (2012) Domestic Violence
Statistics. retrieved November 1, 2012. http://domesticviolencestatistics.org/domestic-violence-statistics/
Employment rights for victims of
domestic violence. (n.d.) Legal Momentum. retrieved November 1, 2012.
State Law Guide: Workplace
Restraining Orders. (August 2010). Legal Momentum. retrieved November 1, 2012.http://www.legalmomentum.org/assets/pdfs/workplace-restraining-orders.pdf
The Facts on the Workplace and Domestic Violence. (n.d.)
Futures Without Violence. Retrieved
November 1, 2012. http://www.futureswithoutviolence.org/userfiles/file/Children_and_Families/Workplace.pdf
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