How employers can help?

As awareness about domestic violence has grown, so has the recognition that this crime has a major impact in the workplace. The abuse an employee receives at home can lead to lost productivity, higher stress, increased absenteeism, and higher health care costs. A 1994 survey of senior corporate executives conducted by Roper Starch Worldwide on behalf of Liz Claiborne, Inc. found that:

• Fifty-seven percent believe that domestic violence is a major problem in society.
• One-third thought that this problem had a negative impact on their bottom lines.
• Four out of ten executives surveyed were personally aware of employees and other individuals affected by domestic violence.

Workplace Guidelines

If you are experiencing domestic violence:

• Notify your supervisor and the human relations manager about the circumstances regarding your situation.
• Discuss options available to you, e.g., scheduling, safety precautions, employee/family assistance benefits.Submit a recent photo of the perpetrator to your safety manager in the event of a confrontation at work.
• Request that all information be treated with confidence to provide for your safety and well being.
• If you are the co-worker of someone experiencing domestic violence:
• If you suspect a co-worker is suffering abuse, do not directly confront her/him as it is important for an individual to self-disclose for her/his own safety and well being.
• Express concern and a willingness to listen and be supportive if needed.
• Offer support by listening and assisting. When an individual is ready, she/he will confide.
• If a co-worker confides in you, encourage communication with the human resources manager and her/his supervisor.
• If you witness an incident at work, contact your safety manager or law enforcement immediately.
• Make sure that the incident is documented.

If you are the supervisor or manager of an employee who is experiencing domestic violence:

• Be aware of unusual absences or behavior and take note of bruises or emotional distress.
• Contact the human resources manager to discuss concerns, resources available and ways to support the employee, e.g., safety planning, employee assistance counseling, family resource referrals, flexible scheduling, security measures.
• Familiarize yourself with community resources and referrals.
• Maintain confidentiality at all times; be sensitive to the seriousness of the situation.
• Discuss who is appropriate to speak with the employee, Agree on all forms of communication,
• e.g., providing the safety manager with a photo if there is a risk at work.
• Assist the employee in documenting all incidents which occur in the workplace involving the batterer.

To protect the safety of battered and other employees, an employer must institute a policy of zero-tolerance for violence. This policy must apply to employees and visitors. The employer should require that all threats and acts of violence against employees be reported immediately. Any person who makes a substantial threat, exhibits threatening behavior, or perpetrates a violent act should be removed from the premises. The employer should take action against the perpetrator. Criminal prosecution or termination of business relationship or employment are examples of actions that may be appropriate.

All managers and supervisors should be trained to recognize and respond to workplace domestic violence. A manager's failure to implement policies designed to protect workers can lead to legal liability if an employee is injured as a result.

(See, e.g., Massic v. Godfather's Pizza, Inc., 844 F.2d 1414 (10th Cir. 1988)).

An informed or perceptive employer can recognize a battered employee even if the employee remains silent about the violence. Clues that an employee is being abused may include repeated bruises or injuries attributed to falling down or being clumsy, inappropriate clothing with long sleeves, sunglasses, or heavy makeup, high rate of absenteeism, lack of concentration, unusual amount of phone calls from a family member and strong reaction to these calls, or a reluctance to participate in informal activities.

When an employer recognizes that an employee is being battered, there are several steps the employer can take.

• It is essential to create a safe and nonjudgmental environment for the employee to come forward.

• The employer should ask "How can I help?" Never say, "Why don't you just leave?"

• The employer should provide information about area resources and make written information

• Employers should make clear that domestic violence is a crime and that employees can get protection from the courts. Safety plans are effective ways to predict and plan responses to violence.

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