August 19 Tip of the Week

“Domestic Violence Victims – A Protected Category”

     Employers are generally aware of the anti-discrimination laws and the typical protected categories of age, race, religion, gender, ethnicity, marital status, veteran status, etc.  One category that has been added in the more recent past is domestic violence victims.  According to the U.S. Department of Labor, domestic violence affects 17 million people in the United States each year.  While it places these affected individuals at risk in terms of their physical safety and mental health, it also can have a negative impact on their ability to work and their economic security.  Studies have shown that victims of domestic violence have missed at least one day of work due to physical harm caused by their partners and, in some instances, the upheaval that domestic violence can cause in a victim’s life has led to job loss. 

            While domestic violence is often viewed as a personal issue that affects someone’s private life, the impact of the abuse and control many of these victims experience often spills over into the workplace.  For example, an abuser may exercise their control over their partner and refuse to allow them to go to work.  Physical attacks may lead to injuries that prevent an employee from performing their job duties.  Visits from the abuser to the workplace may cause discomfort for other employees, leading the employer to terminate the victim of abuse due to the perceived threat of violence in the workplace from the abuser.  These negative impacts on the victim’s employment often cause the victim to remain with the abuser due to the lack of opportunity to provide for themselves and their children. 

            Many states and local governments have taken note of the Catch 22 of domestic violence and the negative impact it has had on a large segment of the population.  In an effort to assist victims of domestic violence to become survivors of domestic violence, a number of laws providing safe leave, reasonable accommodations, assistance in obtaining unemployment benefits, and anti-discrimination protections have been passed.  The paid sick leave laws in most states require employers to provide paid leave to obtain assistance with issues that may be caused by the domestic violence employees are experiencing and prohibit employers from retaliating against employees who use such leave.  Eligibility for unemployment benefits may be relaxed in some states when an individual is forced to leave their job due to domestic violence.  Some states require employers to accommodate domestic violence survivors; for example, Hawaii requires employers to accommodate victims of domestic or sexual violence by changing their work hours or work location to help ensure the safety of the employee. 

            What does this mean for employers?  As an employer, you must keep up to date on the laws of your state and local governments and the protections available to all employees.  MyHRcounsel can assist you with this.  Employers, in addition to being aware of the laws in their location, must also be aware of their employees and their employees’ needs.  If you learn that one of your employees is the victim of domestic violence, you should work with that employee to ensure that they feel safe and supported in their employment and provide them with all of the protections and benefits they are entitled to under the law.