How Employers Can Help an Employee Experiencing Domestic Violence

While it may not be their duty, employers owe it to their staff to protect them from domestic abuse wherever possible. One way employers can help protect their employees is by developing a robust Domestic Violence Workplace Policy.

Domestic violence can reach beyond the home and into the workplace. For instance, an abusive partner may follow their victim to work and look for an opportunity to attack. As much as it may seem like it isn’t the employer’s concern, all companies have an interest in their employees’ well-being.

Here, we will provide an overview of domestic violence in the workplace, including the warning signs of domestic violence. We will also discuss how to implement programs that support employees and offer support to DV victims.

Why Should Employers Care About Workers Experiencing Domestic Violence?

All employers should want the best for their staff inside and outside the workplace. Not only is this the right thing to do, but having employees in an abusive relationship can hurt a company’s bottom line.

Employees who suffer from domestic violence may miss time from work due to physical injuries or mental health concerns. People suffering from intimate partner violence also try to hide the abuse from their coworkers and employers. This hurts their productivity and commitment to the job.

Abuse victims with visible bruises or injuries may not return to work until they fully heal. This increase in absenteeism will negatively impact the employees' productivity and their employer.

For these reasons, employers should educate themselves on the best ways to maintain workplace safety and assist victims of domestic violence. By taking the right initiatives, employers can create a safe space for all employees and foster a workplace culture that allows for a supportive environment.

How Domestic Violence Enters the Workplace

The effects of domestic violence can hurt work productivity. These effects include the physical and emotional strain experienced by victims of domestic abuse. An employer or HR professional might notice that a victim of domestic abuse has been late or racking up an unusual number of absences.

People suffering from DV or sexual violence may miss important meetings or deadlines. They may frequently show up to work with unexplained injuries or bruises or request sick time.

Domestic violence comes in many forms, including:

• Assault
• Threats
• Intimidation
• Emotional abuse

Victims of domestic violence often seek to keep their victims isolated from friends, family members, and the outside world. Therefore, an abuser may very well want the victim to lose their job.

It’s also naïve to assume an abuser would not attempt to interrupt the work environment to intimidate, retaliate, or otherwise harm the victim. In the worst-case scenario, an abuser may enter the victim's workplace and cause physical harm to the victim or their coworkers.

Protecting Your Employees from Domestic Violence in the Workplace

To avoid domestic violence from entering the workplace, employers need to raise awareness of domestic violence issues among all their employees and foster advocacy amongst their staff. Employers also need to address security issues so that the workplace remains safe.

Below are steps you can take to protect your workers from domestic violence in the workplace.

Education

Educate your employees regarding the signs and symptoms of domestic violence. You may want a representative from a local victim advocacy group or other service provider to speak to your employees as a group.

Topics should include:

• Intimate partner domestic violence
• How domestic violence situations can impact the workplace
• Sexual assault
• Stalking
• How these behaviors may lead to workplace violence

At this presentation, you should also provide a list of local resources for domestic violence victims, including, as appropriate:

• The names, phone numbers, and contact information of local counselors
• The Employee Assistance Program (EAP)
• Healthcare treatment providers
• Family law attorneys
• Law enforcement agencies
• Social service organizations
• Victim services organizations
• Domestic violence programs
• Domestic violence shelters

It’s also a good idea for your Human Resources department to do something special during “Domestic Violence Awareness Month” in October. This will help abuse victims, and all other employees recognize the signs of domestic violence and learn what to do if they’re experiencing this type of abuse at home.

You should remind your staff that under the federal Family and Medical Leave Act (FMLA), they may be eligible for 12 weeks of unpaid leave for domestic violence issues.

An employee can take FMLA leave when they have a serious health condition caused by domestic violence. This may include an overnight hospital stay or a substantial mental health condition brought about by domestic violence.

Security

Employers should regularly assess their company’s security needs to protect their staff from all security threats, including domestic violence. For example, employers should increase security near their building’s entrances and exits and install security cameras near doors and parking areas.

Employers may also consider doing the following to improve employee safety:

• Issuing ID badges
• Adopting a secure method for employees to access the office
• Hiring security guards where appropriate

Policies should set security protocols addressing non-employee visits to the workplace.

Domestic Violence Workplace Policy

Employers should evaluate whether developing a comprehensive Domestic Violence Workplace Policy would help educate staff and improve DV education and security.

A Domestic Violence Workplace Policy may be unique and separate from an existing workplace violence policy or part of the general employee handbook.

Developing an effective Domestic Violence Workplace Policy requires time and careful consideration. First, the employer must assemble a competent team to brainstorm and draft a policy.

This team should consist of some (or all of) the following:

• In-house attorney or outside counsel familiar with DV in the workplace
• Human resources staff
• Staff who will design new training programs
• Security personnel
• Communications specialists
• Supervisors and manager
• Information technology familiar with Intranet security
• Employees

Drafting a policy unique to the workplace may take time. However, sample policies available online can provide a good starting point.

How To Help an Employee Experiencing Domestic Violence

Aside from the steps outlined above, there are things you can do to help an employee who is a victim of domestic violence:

• Make sure that the employee has names and contact information for people who can help them and that they can access this information confidentially and safely.
• Provide the employee with information on local resources and the National Domestic Violence Hotline, 1-800-799-SAFE (7233) or TTY 1-800-787-3224.
• Ask if the employee has a protection order/restraining order against their abuser. If so, put a copy of the court order in the employee’s file in case law enforcement gets involved.
• Have employees designate a code word to alert their coworkers to danger. This will alert coworkers and staff that the employee is in danger and let them know that other employees are at risk.
• Move that employee's workstation away from first-floor doors and windows to prevent harassment and reduce the risk of harm. Develop a workplace safety plan with the employee detailing what will occur if the abuser either attempts to enter or enters the workplace.
• Organize a carpool so employees are not alone on their commute to and from work.
• Provide a plan for contacting the police if the abuser attempts to enter the workplace, engages in stalking behavior of the employee or coworkers, engages in phone calls or social media harassment of the employee or other coworkers, or violates an order of protection.
• Be flexible with that employee's leave time under state or federal law, including family and medical leave time (FMLA).
• Consider the employee's healthcare needs and, if there is no undue hardship, make reasonable accommodations to the work schedule and location as needed.
• Make sure your leave policy provides for the employee to make required court appearances and time to separate from the abusive partner.
• Consider special work arrangements when the employee and the abusive partner both work for the same company.

Have You Lost Your Employment Due To Domestic Violence?

Sometimes, an employee loses their job after an act of domestic violence or a series of actions by an abuser. The employee may quit, or the employer may fire them, citing the disruption in the work environment as the reason for their dismissal.

Under state law, employees may seek unemployment compensation based on the state unemployment insurance program.

Facing Domestic Violence in the Workplace? Contact an Attorney

Domestic violence typically occurs in the home, but it can spill over to other parts of the victim’s life. It’s essential to get help immediately before the abuse gets serious.

If you or someone you know is the victim of domestic violence in the workplace, speak with an experienced family law attorney near you today.