Workplace

Is a workplace domestic violence policy really necessary?

Anita, an employee who has worked for a financial services company for 17 years, dropped in Monday morning to talk with the Human Resource manager, Karen. Looking anxious and tired, Anita let Karen know that her ex-husband has been stalking her, noting, “He showed up at work this morning, just hanging out in the corner of the parking lot.” The restraining order that was supposed to keep him away had not stopped him from following and threatening her. Anita asked Karen if the company has a policy on allowing leave for people in this kind of danger. She noted that she’s staying with friends to avoid him, but he appears determined to track her down. Anita is afraid that he may try to get into the office, endangering her and anyone else who gets in his way.

Karen, the Human Resources manager, paged through the Employee Handbook and a collection of written policies on the shelf in her office and discovered that Anita’s situation did not appear to fit any of the criteria for a leave. Karen is very concerned that if she doesn’t take some action, there may be a risk for everyone in Anita’s work area. What should she do? What options does she have?

In this policy-filled world, it seems like there should be enough policies to address every personal or family-related issue there is – but in reality, very few workplace policies provide immediate, concrete answers about what actions to take when an employee is dealing with domestic abuse.

Basic Business Reasons for Written Policy on Domestic Violence

Written policy on domestic violence makes good business sense, putting important tools in the hands of personnel managers.

Domestic violence policy...

• Gives proactive and practical direction to managers before they are faced with a complex, emotional and potentially dangerous situation.
• Fills in the gaps between other policies that may fail to address the needs of employees affected by domestic violence and the managers responding to them.
• Incorporates any state legislation related to victim rights’ laws into your company’s existing policies.
• Outlines simple personnel practices that provide employers and employees with options for decreasing personal and workplace risks and liability, making the workplace a safer, more supportive environment.

A Single Domestic Violence Policy or Policy Addenda?

Many employers have implemented a comprehensive domestic violence policy, combining a set of policy concerns into one policy. An all-inclusive domestic violence policy may cover some or all of the content in the general policy statement and five specific policy areas discussed here.

Others find that updating existing policies with new language specific to domestic violence is easier and just as effective. Review each of the policy areas below to assess whether your organization is already prepared to respond to these issues, or if new policy statements are needed. Sample policy statements are provided for each policy area.

State Laws on Victims’ Rights

Review this link for lists of state laws related to domestic violence and other employment rights for victims of violence, to see if any of this legislation applies to your organization. Any new policy statements that you develop should incorporate these state requirements.

Domestic Violence Definitions for Policy Statements

It may help to include the following written definitions, which are often used in policy or policy addenda on domestic violence.

Definitions

Domestic Violence: A pattern of coercive behavior that is used by one person to gain power and control over another, which may include physical or sexual violence, emotional, and psychological intimidation, verbal abuse, stalking, and economic control. Domestic violence occurs between people of all ethnic, economic, educational, and religious backgrounds, in heterosexual and same sex relationships, living together or separately, married or unmarried, in short-term or long-term relationships. Domestic violence is a major cause of injury to women, although men also may be victims of such violence. Any employee may be affected by domestic violence.

Batterer, Perpetrator, or Abuser: The individual who commits an act of domestic violence as defined above.

Survivor or Victim: The individual who is the subject of an act of domestic violence.