An employer’s role in preventing and responding to domestic violence
Domestic violence has become a widely publicized issue in recent years because of its unfortunate impact on families, friends, and even coworkers. It is important for employers to understand their role in handling domestic violence-related issues in the workplace, so they can keep employees safe and avoid discrimination claims.
Have a policy and a plan
One of an employer’s top goals should be to create a work environment in which employees feel free to raise their concerns about potential violence, whether that be at the office or at home. Employers can take a big step in that direction by creating a workplace violence policy that provides clear procedures for supervisors and employees to report and respond to threatening or violent behavior. Additionally, all employers are required under the Occupational Safety and Health Act (OSHA) to provide a safe workplace “free from recognized hazards” for their employees. Sometimes, domestic violence perpetrators follow their victims to work. Therefore, a safety/evacuation plan is another essential element for employers must have to provide employees with a safe workplace.
Getting employees to share sensitive, critical information
If you know about any restraining orders or domestic violence situations, you can take steps to help ensure the safety of the affected employees as well as all other employees in the workplace. Currently, there are no legal restrictions on asking employees to provide information on any restraining orders or domestic violence situations they may have as part of an employer safety plan. But you should always consult with an attorney about matters of workplace violence prevention to ensure you are not violating any employee rights.
Something to consider: Say you determine that, legally, you can request that employees provide information on any active restraining orders or domestic violence situations that could affect the workplace. You still probably should not require the information. Since these are intensely personal and difficult situations, such a requirement could very well feel like an intrusion on employees’ privacy and dignity.
Instead, it can be better to simply request the information. Be careful how you request the information and ensure that there are sufficient confidentiality measures to safeguard personal employee information. Another reason to consider implementing the domestic violence policy mentioned above is that it can act as a signal to employees who are experiencing domestic violence that your intent is to help protect and support them, not just to identify potential dangers to the workplace. It should also help quell fears that they might suffer some sort of retaliation for the results of the domestic violence.
Be mindful of state laws
Several states address domestic violence in the workplace and require employers to provide employees with time off to seek legal protection (such as restraining orders), appear in court, seek counseling and treatment, and even relocate if necessary. Some states even require employers to provide a certain amount of weeks of unpaid, job-protected leave (or paid leave when available) and prohibit retaliation against employees who need time off under the law.
Further, several states also allow employers to seek an order of protection against an individual to prohibit further violence or threats of violence by a person if:
- An employee has suffered unlawful violence or a credible threat of violence from the person; and
- The unlawful violence has been carried out at the employee’s place of work or the credible threat of violence can reasonably be constructed to be carried out at the employee’s place of work by the person.
Offer training and EAPs
Train employees on your domestic violence policy and workplace safety plan. That training can also educate employees on the warning signs of domestic violence as well as what resources are available to employees who either recognize signs of or are experiencing domestic violence. You can also include community resources available to those experiencing domestic violence.
Finally, you can investigate offering a free, confidential Employee Assistance Program (EAP) to employees and their families. EAPs are designed to operate as a safety net for employees to use in times of trouble. The exact services provided vary from plan to plan, but they generally provide employees and their families with short-term, confidential counseling and advice in dealing with such issues as substance abuse, marital and other personal problems, mental health problems, and other factors that can contribute to workplace violence.
Bottom line
Employers can help to prevent domestic violence incidents by having a domestic violence policy and workplace safety plan in place and educating employees about domestic violence, your plan, and available resources.
