The document summarizes a conference on domestic violence and its implications in the workplace. It discusses how intimate partner violence can impact both victims and perpetrators in the workplace through absenteeism, performance issues, and safety concerns. It outlines statistics on the prevalence of domestic violence and reviews laws protecting victims from discrimination. The document also provides practical guidance for employers, including considerations around creating domestic violence policies and handling common workplace scenarios that involve domestic violence.

1. ABA SECTION OF LABOR & EMPLOYMENT
9TH ANNUAL LABOR AND EMPLOYMENT LAW CONFERENCE
LEGAL AND PRACTICAL IMPLICATIONS
OF DOMESTIC VIOLENCE
IN THE WORKPLACE
Philadelphia, PA
November 5, 2015

2. Moderator
Donna M. Hughes
Impax Laboratories
Panelists
Lisalyn Jacobs
Legal Momentum
Julie Richard Spencer
Robein, Urann, Spencer, Picard & Cangemi
George Woods, M.D.
University of California – Boalt Hall School of Law
Morehouse School of Medicine

3. Introduction
1. Clinical perspective on domestic violence and its impact on
the
workplace
2. Evolution of laws as a consequence and the legal
obligations of
employers
3. Practical approaches for employers
4. Scenarios – what really happens
5. Final thoughts
6. Q&A

4. CLINICAL PERSPECTIVES

5. Intimate Partner Violence
Intimate partner violence (IPV) is a serious, preventable
public health problem that affects millions of Americans. The
term "intimate partner violence" describes physical violence,
sexual violence, stalking and psychological aggression
(including coercive acts) by a current or former intimate
partner.
(cdc.gov/violenceprevention/)

6. Intimate Partner Violence
An intimate partner is a person with whom one has a close
personal relationship that can be characterized by the
following:
 Emotional connectedness
 Ongoing physical contact and sexual behavior
 Identity as a couple
(cdc.gov/violenceprevention/)

7. Intimate Partner Violence
The relationship need not involve all of these dimensions.
Examples of intimate partners include current or former
spouses, boyfriends or girlfriends, dating partners, or sexual
partners. IPV can occur between heterosexual or same-sex
couples and does not require sexual intimacy.
(cdc.gov/violenceprevention/)

8. Psychological Battering
 False accusations
 Public humiliation
 Rejection
 Withholding love and affection
 Isolating the victim

9. Psychological Battering
 Alienation of affection of friends and family
 Violating physical and psychological boundaries, including
the
workplace
 Undermining cherished ideals, i.e., religious beliefs

10. Symptoms of Traumatic Stress
 Recurrent, involuntary memories
 Nightmares
 Intense emotional and physiological reactivity
 Ingrained negative beliefs about oneself, others or the
world

11. Manifestation in the Workplace
 Inability to feel positive emotions
 Irritability, hypervigilance and exaggerated startle
response
 Problems with concentration
 Anticipatory anxiety

12. STATISTICS AND LEGAL LANDSCAPE

13. Incidence of Workplace Violence
 27% of women have experienced intimate partner
violence at least once
 For men, about 16% have experienced intimate
partner violence

14. Impact on Victims’ Employment
 Absences
 Unscheduled or unexplained absences
 Chronic tardiness
 Safety

15. Impact on Victims’ Employment
 Absences
- legal proceedings
- obtaining medical care or psychological
counseling
- safety planning
- relocation

16. Impact on Victims’ Employment
 Changes in work performance
 On the job harassment and violence
 Unexplained bruises or injuries
 Employment resignation
 Employment termination

17. Perpetrators and the Workplace
Performance
 80% of perpetrators said their own job performance was
negatively affected by their perpetration of domestic
violence.
 19% caused or almost caused an accident at work.
 In many cases supervisors were aware of the
perpetrator’s behavior but failed to confront or admonish
the employee about it.
(Schmidt & Barnett, 2012)

18. Perpetrators and the Workplace
Missed Work
Between 42% and 51.8% of perpetrators of domestic
violence were either late or missed work entirely because of
their abusive behavior.

19. Perpetrators and the Workplace
Use of Company Resources
More than three-quarters of perpetrators used workplace
resources at least once to express remorse or anger, check
up on, pressure, or threaten the victim. (Lim, et al, 2004)

20. Nondiscrimination
Protection from firing, or refusal to hire someone just
because they are a survivor
 DV, SA, stalking
 Actual or perceived
 Employer size
 Acts of abuser
 Proof requirements

21. Nondiscrimination
Sexual Harassment
 Federal Laws
 State Laws
 Local Laws

22. Unemployment Insurance
 Leaving work was necessary to protect themselves or family from
domestic violence, sexual assault or stalking
 40+ states by statute or practice
– Some states include only domestic violence
– Others domestic violence and stalking
– Some domestic and sexual violence and stalking

23. Unemployment Insurance Eligibility
Last updated April 2015
For Domestic Violence & Sexual Assault Victims

24. D/V Free Workplace Materials
 DV-Free Zone campaign launch
https://www.legalmomentum.org/blog/legal-momentum-launches-its-
workplace-dv-free-zone-campaign or http://ow.ly/LiNES
 Link to Workplace “Bill of Rights” poster
https://www.legalmomentum.org/resources/workplace-dv-free-zone-
poster or http://ow.ly/LiNOC
 Link to State Law Guide
http://www.legalmomentum.org/resources/state-law-guide-employment-
rights-victims-domestic-or-sexual-violence

25. www.workplacesrespond.org
twitter.com/WorkplaceNRC
facebook.com/WorkplacesRespond

26. Federal Policy re Workplace Violence
In April of 2012, President Obama directed all federal
agencies to create policies to address the workplace
needs of employees who were survivors of
domestic/sexual violence.

27. Federal Resources
 White House
http://www.whitehouse.gov/the-press-office/2012/04/18/we-cant-wait-
president-signs-memorandum-establishing-policies-addressing
 Department of Commerce
http://hr.commerce.gov/s/groups/public/@doc/@cfoasa/@ohrm/docume
nts/content/prod01_010324.pdf
 Department of Justice
http://www.justice.gov/ovw/blog/supporting-workplaces-providing-
effective-response-domestic-violence-sexual-assault-and

28. PRACTICAL CONSIDERATIONS

29. Are Domestic Violence Policies
Mandatory Subjects of Bargaining?
1. Does it contain rules that affect continuation of
employment?
2. Does the policy contain any zero tolerance language?
3. Does the policy include any disciplinary consequences?

30. Permissive Subject of Bargaining
 Could the Union leadership assist in the creation of the
policy?
 Does the Company want Union assistance is creating a
culture of
reporting incidents?
 Can the presence of bargaining unit members on the
committee to
create the policy inform management of potential pitfalls?
 Why should Companies bargain these policies?

31. HYPO #1

32. Tom and Sue are both employees of Widget, Inc. Widget, Inc. is a
represented work site. Sue is a manufacturing employee; Tom
works in the Warehouse. Widget, Inc. employs 500 employees,
and it allows employees to date and marry so long as one
employee does not supervise the other. Widget, Inc. has a
domestic violence policy with a zero tolerance provision for
offenders and requires victim employees to take all action to
protect the workplace. Tom and Sue meet at work and begin
dating. Eventually they move in together

33. After several months, Sue reports to work with a black eye. She
tells her co-workers she fell. Several weeks later, she sprains her
shoulder at home. She refuses to discuss it. Tom, however, tells
his co-worker that Sue and he had a disagreement. He contends
that Sue struck him, and he pushed her away. Sue fell and hurt
herself.

34. The next month, Sue reports to work late several days in a row.
She is disciplined. A week later, Sue is AWOL for two days.
When Sue reports to work, Widget calls a meeting to suspend
her. Sue tells her supervisor that Tom has been harming her.
She claims this is why she was absent and AWOL. She refuses
to seek a TRO, telling them she is afraid he will kill her if she
does. Tom is stunned by her allegations and denies them. He
claims Sue is unstable and has struck him, although he denies
that he is a victim of domestic violence.

35. HYPO #2

36. Jane, a dishwasher at a restaurant in a small town in Iowa was
dating and living with Mark, a busboy at the same restaurant.
One evening during an argument at home, Mark kicked Jane.
Jane called the police, who arrested Mark . Jane was issued a
protective order against Mark, which included a stay away
provision encompassing the workplace.

37. When Jane went to her employer to discuss the protective order,
she asked if she and Mark could be scheduled on different shifts.
The employer said he would think about it. Two days later Jane
was fired. When pressed for an explanation the employer stated
that because of the protective order he could only keep either
Jane or Mark and that he decided to keep Mark because he was
the "better," employee.

38. HYPO #3

39. Anne was an award-winning employee of her well known
company, which did business in every state in the country. She
had obtained a temporary protective order against her
estranged spouse. She needed to go to court to make the
injunction permanent

40. But because she had no sick or paid leave to use, she went to
work instead of going to court, fearing that she might lose her
job. Her husband then showed up in her workplace, made
threats, which prompted her employer to call the police. She was
subsequently fired, and the employer told her that she had, "too
many issues."

41. FINAL THOUGHTS

42. QUESTIONS?