Domestic Violence and the Workplace: The Explosion of State Legislation and the Need for a Comprehensive Strategy

Abstract

In recent years, domestic violence legislation has migrated out of its traditional locus in family law and criminal law to include a rapidly growing body of employment law. The new laws respond to a relatively simple problem: Economic security is one of the most important factors in whether a victim of domestic violence will be able to separate from an abusive partner, but domestic violence often interferes with victims' ability to maintain jobs, thus causing job loss that further traps victims in abusive relationships. By providing support to victims and empowering employers to take direct legal action against perpetrators of actual or threatened workplace violence, the new legislation helps employers and employees work together to address a shared interest in reducing the effects of domestic violence on the workplace. Thus, addressing domestic violence as an "employment" issue bolsters other strategies for combating domestic violence. Equally important, because the vast majority of victims of domestic violence are women, the new legislation complements traditional employment laws, such as Title VII and the Family and Medical Leave Act, that seek to promote sex equality by addressing a significant, though little recognized, barrier to women's full participation in the workplace. This Article situates the burgeoning body of new state legislation within developments in domestic violence law and employment law, particularly those relating to accommodation of individual needs within the workplace. It shows that domestic violence legislation modeled on employment law accommodation mandates, such as the Fam

The Impact of Domestic Violence in the Workplace

“…Recently, there has also been growth in US state and local legislation and administrative regulations that offer work leave for victims, aim to reduce DV-related employment discrimination, and increase awareness and safety in the workplace. 7 , 29 In Australia, since 2010 and based primarily on results of the previously described survey, 21 clauses providing paid leave and other entitlements to victims of DV were included in union-negotiated enterprise agreements. More than a million workers are now covered by collective agreements that offer protections to workers experiencing DV.…”

“…5 , 6 The financial security that employment affords can allow women to avoid isolation and to maintain, as far as possible, their home and standard of living. 7 At the same time, it is clear that women with a history of DV tend to have a more disrupted work history, are consequently on lower personal incomes, have had to change jobs more often, and are employed at higher levels in casual and part time work than women with no experience of violence. 8 – 11 Moreover, an emerging literature demonstrates DV as a form of violence that impacts on, and actually occurs in, the workplace itself.…”

State Employment Protection Statutes for Victims of Domestic Violence

“…Though the prevalence of current domestic violence among employed adults ranges from 10% to 21% (Corporate Alliance, 2007; Reeves & O’Leary-Kelly, 2007), domestic violence accounts for only 5% of all annual reported workplace violence incidents (Bureau of Labor Statistics, 2006). Given these statistics, Widiss (2008) argues that a purely market-based impetus for employers to support their employees with issues related to domestic violence is insufficient. She asserts that although it has been well documented that domestic violence traverses the workplace, businesses have been slow to act (Duffy, Scott, & O’Leary-Kelly, 2005; Swanberg et al, 2005; Swanberg, Logan, & Macke, 2006).…”

Interfaces of domestic violence and organization: Gendered violence and inequality

“…In Australia, consultant firm KPMG estimated the total annual cost of domestic violence to the economy to be $22 billion in (KPMG Australia, 2016.2 Organization, in particular the organization of work and employment, is inextricably linked to domestic violence especially for those living with domestic violence. Access to secure, stable employment assists those facing domestic violence in attaining financial independence and, importantly, the means through which they can leave violent relationships (Widiss, 2008). Employment also functions as a coping strategy for those facing domestic violence (Beecham, 2014), and provides a means to overcome the social isolation that is often used as a tactic by violent partners.…”

“…There have been a range of organizational, industrial and legal responses to domestic violence. For example, in parts of the United States, Australia, New Zealand and other jurisdictions, employment laws have been passed that specifically target the workplace effects of domestic violence by seeking to protect domestic‐violence‐affected employees from discrimination or unfair dismissal, ensure the provision of safe workplaces or provide access to leave entitlements (Fisher & Peek‐Asa, 2011; Widiss, 2008). Some collectively bargained workplace agreements have included similar provisions (Baird et al, 2014; McFerran, 2011a).…”