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Keeping The Workplace Safe From Domestic Violence
Recently, an office manager wrote in to us about an issue that affects workplaces far too often. One of her employees had reported that she was facing a domestic violence situation, and the office manager was asking what steps the practice needed to take, as an employer, to protect the employee and the rest of the team. In this case, the employee had made the brave leap to move away from an abusive partner and was in the process of starting her life over. The manager was concerned about the very real possibility of the abuser showing up at the workplace.
Like many HR issues, this one has many levels, triggering our protective instincts and our sympathies for the employee, as well as our legitimate concerns about the impact on the business. Responding to these issues is made more challenging because the problem is mostly occurring during off-duty time, outside a manager’s ability to influence. That said, it often helps to understand some background information about this type of situation, to know how certain laws might apply, and to review some standard precautions that might make sense.
The statistics are sobering: 1 in 4 women and 1 in 7 men in the U.S. experience severe physical violence by an intimate partner during their lifetime. Though the violence often occurs in private, the pervasive effects can’t help but spill over to the workplace, whether through lost productivity, healthcare costs, or even threats and violence. For employers trying to navigate this situation, clear guidance can be hard to find.
In the Solution Center, we often start with the clarity provided by knowing what the law requires, and then work our way into a practical solution that addresses the problem as a whole. There is no federal law directly addressing the rights of victims of domestic violence, though indirectly, the Americans with Disabilities Act (ADA) may necessitate accommodation for medical issues, the Family and Medical Leave Act (FMLA) may offer job-protected leave to heal from physical injuries, and the Occupational Safety and Health Act (OSHA) requires employers to maintain a safe workplace. However, many state and local laws now provide specific protections and rights for victims. They vary, but generally provide for paid or unpaid job-protected leave, require accommodation, and/or prohibit against discrimination. It’s important to know what responsibilities your state places on employers.
In this case, we were talking to a small employer in North Carolina with fewer than 15 employees. That meant that none of the federal laws came into play. However, her state law prohibits an employer from taking adverse action against an employee who takes reasonable time off from work to obtain a protective order or other similar relief from domestic violence. Translation: employers in NC must permit reasonable amounts of time off to address things like relocating from home, getting medical attention, or going to court. And they can’t fire someone for taking that time. We talked about what documentation may be required from the employee, and what type of documentation should be done by the practice to show compliance. That was the easy part.
Knowing that this manager wasn’t doing anything prohibited by law, we could then move on to examine her goal to help the employee and protect the rest of the team. In this case, the employee was already out of the abusive situation. Note, however, that these issues often come up when the employee is still living under the threat of violence, the impact of which seeps into the workplace through conspicuous bruises and injuries, excessive absences, and emotional drama that is too hard for any person to leave at the door, and impossible for an employer or coworker to ignore. Addressing performance or attendance problems in this context can leave a manager or owner feeling guilty and paralyzed to take any action for fear of making a bad situation worse.
However, when we ignore the problem, we allow the shame and violence to perpetuate. Secrecy rewards the abuser. Addressing performance or safety concerns with the employee and the impact the situation is having on work can be a catalyst for the person to begin to make necessary changes. Like any employee issue, it’s a delicate balancing act, and we have to be willing to have the tough conversations, make the hard decisions, and do so with the right timing and best information. We can’t just say, “You are late and always distracted. We need you to do better.” Not if we expect anything to really change. It’s going to take a little more to support the changes needed.
Here are some practical steps to take when domestic violence affects the workplace:
- Communicate your concerns for the employee’s safety. It’s important to ask the person what changes could be made so he or she feels safer while at work. You may also want to ask if there have been any threats or indications that violence could occur at the workplace.
- Tell the employee that you believe him or her, and spend 99.9% of your time listening.
- Refer the employee to domestic violence resources with trained counselors. The National Domestic Violence Hotline has a wealth of resources at www.thehotline.org or 1-800-799-7233.
- Be clear that your goal is to try to help and not to judge. When we criticize the reasons a victim stays with or returns to the abuser, the shame can stop the person from asking for more help when it’s needed most.
- Secure your building and your team by establishing a safety plan, circulating the picture of the person who poses a potential threat, providing escorts to and from the office, securing parking and work spaces, screening calls, and training your management team on how to respond to domestic or any violence issues.
- Establish a code word that can be said loudly or through an intercom system that sounds innocuous but tips off the team to a threat, and triggers at least one person to call 911. We suggest “Paging Dr. Strong.”
- Keep doors locked when patients are not scheduled or outside of business hours.
- Offer to accommodate a reasonable amount of time off for domestic violence related activities, including counseling, relocation, court appearances, and the like.
- Err on the side of caution. If the abuser shows up, don’t hesitate to contact the police. Short of that, you may let them know there has been a threat, and ask them to drive by or check on your parking lot for a couple of weeks.
Many times work offers the only outside contact for a person living with domestic violence, and in order to leave an abusive situation, having a paycheck is critical. Abusers sometimes sabotage a partner’s ability to get to work by controlling transportation, cutting up uniforms, or making straight-up threats. Providing a pathway for the abuser to safely come forward for help without being in immediate peril of losing their job is critical for the situation to change, both for the employee, and for your workplace. But sometimes all we can do is provide the path to healing and hold the line.
It’s not easy to do, especially when issues recur. Domestic violence issues are compounded by how difficult it is for a victim to leave their abuser. There are many reasons for this—fear, shame, love, money, culture, immigration status—and we truly can’t understand unless we’ve been in the person’s shoes. As the employer, there may come a time when you’ve taken all the steps and provided all the support and references you can, and still the situation perpetuates. It’s not that you don’t care. It’s that you can’t let one person’s path keep your whole practice stuck. Talking to an HR expert can help clear the path forward, whatever direction is best for your situation. Here at CEDR, we are employer advocates and are able to talk you through all of the options available.
In this case, we helped the manager to re-establish calm, and to empower the team with a clear plan. This included doors to be locked immediately upon the last patient leaving at lunch and at the end of the day. The affected employee parks at the front door, and is escorted to her car. Her partner’s picture has been circulated, and if he shows up, even in the parking lot, all parties have agreed to simply call the police without delay. The entire team has agreed to keep everything as confidential as possible, and to focus on making every day a good one, to keep calm, and to carry on.
 Ali Edwards is Chief Counsel and a co-owner at CEDR HR Solutions (www.cedrsolutions.com). A former litigator, Ali has been a practicing attorney for over 17 years in Arizona, specializing in employment law, management strategy, and litigation avoidance. Her passion is empowering doctors and managers to successfully navigate employee challenges. CEDR provides customized employment handbooks and critical employer guidance and support to thousands of dental and medical offices nationwide. She can be reached at [email protected].
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