Domestic Violence in the Workplace

Domestic Violence in the Workplace

Human Resources

Michael Daley

Policy Statement

Domestic violence permeates the lives and compromises the safety of thousands of New York State employees each day, with destructive results. Domestic violence occurs within a wide spectrum of relationships, including married and formerly married couples, couples with children in common, couples who live together or have lived together, gay, lesbian, couples etc., who are dating or who have dated in the past.

Domestic violence is defined as a pattern of coercive tactics which can include physical, psychological, sexual, economic and emotional abuse perpetrated by one person against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim.  In addition to exacting a tremendous toll from the individuals it directly affects, domestic violence often spills over into the workplace, compromising the safety of both victims and co-workers and resulting in lost productivity, increased health care costs, increased absenteeism, and increased employee turnover.

State University of New York at Fredonia (SUNY Fredonia), to the fullest extent possible without violating any existing regulations, statutory requirements, contractual obligations or collective bargaining agreements, will take all appropriate actions to promote safety in the workplace and respond to the needs of victims of domestic violence. 

Definitions

For purposes of this policy, the following terms will be defined as follows.

Domestic Violence: A pattern of coercive tactics, which can include physical, psychological, sexual, economic and emotional abuse, perpetrated by one person against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim.

Intimate Partner: Includes persons legally married to one another; persons formerly married to one another; persons who have a child in common, regardless of whether such persons are married or have lived together at any time, couples who live together or have lived together, or persons who are dating or who have dated in the past, including same sex couples.

Abuser: A person who perpetrates a pattern of coercive tactics which can include physical, psychological, sexual, economic, and emotional abuse against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim.

Victim: The person against whom an abuser directs coercive and/or violent acts.

Guidelines

I. Employee Awareness

SUNY Fredonia shall take reasonable actions to educate employees regarding the effects of domestic violence, ways to prevent and curtail violence, and methods to report such violence to authorities.

It is the policy of SUNY Fredonia that information on domestic violence and available resources will be posted annually in areas where other employment policies and information are traditionally posted.  This information shall include the topics addressed in the appendix.

II. Non-Discriminatory and Responsive Personnel Policies for Victimized Employees

SUNY Fredonia will ensure that Human Resource policies and procedures do not discriminate against victims of domestic violence and are responsive to the needs of victims of domestic violence.

1. New York State law makes it a crime for employers to penalize an employee who, as a victim or witness of a criminal offense, is appearing as a witness, consulting with a district attorney, or exercising his/her rights as provided in the Criminal Procedure Law, the Family Court Act, and the Executive Law. This law requires employers, with prior day notification, to allow time off for victims or subpoenaed witnesses to exercise his/her rights as provided in the Criminal Procedure Law, the Family Court Act, and the Executive Law [Penal Law §215.14]. If there are any questions or concerns regarding the leave that must be granted to victims or subpoenaed witnesses, contact the Associate Director of Human Resources or the Attendance and Leave Unit at the Department of Civil Service.

2. SUNY Fredonia, upon request, will assist the employee in determining the best use of his/her attendance and leave benefits when an employee needs to be absent as a result of being a victim of domestic violence.  If an employee requests time off to care for and/or assist a family member who has been a victim of domestic violence, SUNY Fredonia will evaluate the employee’s request for leave for eligibility under existing law and collective bargaining agreements applicable to the employee and the attendance rules.

3. SUNY Fredonia understands that victims of domestic violence may lack the required documentation or have difficulty obtaining the required documentation to justify absences without compromising their safety. Therefore, the Associate Director of Human Resource will consult with the employee to identify what documentation she/he might have, or be able to obtain, that will not compromise his/her safety-related needs and will satisfactorily meet the documentation requirement of the employer.

4. Employees who are victims of domestic violence and who separate from a spouse (or terminate a relationship with a domestic partner, if covered), shall be allowed to make reasonable changes in benefits at any time during the calendar year where possible, in accordance with statute, regulation, contract and policy.

5. SUNY Fredonia will not make inquiries about a job applicant's current or past domestic violence victimization, and employment decisions will not be based on any assumptions about or knowledge of such exposure.

6. In cases in which it is identified that an employee's work performance difficulties are a result of being a victim of domestic violence, said employee shall be afforded all of the proactive measures outlined in this policy, and shall be provided clear information about performance expectations, priorities, and performance evaluation. If a disciplinary process is initiated, reasonable judgement will be exercised to consider all aspects of the victimized employee's situation.  SUNY Fredonia will utilize reasonable options to resolve work-related performance problems, and may make a referral to the Employee Assistance Program, consistent with existing collective bargaining agreements, statute, regulations and agency policy.

7. If reasonable measures have been taken to resolve domestic violence-related work performance problems of victimized employees, but the performance problems persist and the employee is terminated or voluntarily separates from employment due to these domestic violence related issues, and the employee conveys to SUNY Fredonia that the separation is due to these domestic violence issues, SUNY Fredonia shall inform the employee of his or her potential eligibility for unemployment insurance and respond to requests for information that may be needed in the claims process. New York State law provides that a victim of domestic violence who voluntarily separates from employment may, under certain circumstances, be eligible for unemployment insurance benefits. [§593 of NYS Labor Law.]

III. Workplace Safety Plans

By means of a domestic violence workplace safety response plan, SUNY Fredonia shall make employees aware of their options and available resources and help employees safeguard each other and report domestic violence to designated officials.

IV. Accountability for Employees Who Are Offenders

SUNY Fredonia will hold employees accountable for engaging in the following behavior: (1) using state resources to commit an act of domestic violence; (2) committing an act of domestic violence from or at the workplace or from any other location while on official state business; or (3) using their job- related authority and/or state resources in order to negatively affect victims and/or assist perpetrators in locating a victim and/or in perpetrating an act of domestic violence.

V. Firearms

Pursuant to New York State and federal law, a person convicted of a domestic violence-related crime or subject to an order of protection, under certain circumstances, forfeits the right to legally possess a firearm or long gun. Additionally, federal law contains prohibitions relating to shipping, transportation, or receiving firearms or ammunition.

VI. Training

The Associate Director Human Resources and personnel designated to provide support for those in need of assistance shall complete OPDV’s one-day training on Domestic Violence and the Workplace.  All appropriate managers, supervisors, employee assistance professionals, human resources personnel, union and labor representatives and security staff will be encouraged to attend OPDV’s training on Domestic Violence and the Workplace.  Additionally, SUNY Fredonia will make available for staff training on domestic violence and its impact on the workplace using materials provided by OPDV through the campus, OPDV and/or a local domestic violence service provider as scheduling permits. 

VII. SUNY Fredonia Responsibility

APPENDIX

Information to be Included in Campus Postings Regarding Domestic Violence and the Workplace

At a minimum, the following information shall be provided to current employees and new employees and included in posters posted in areas where employment information is ordinarily posted:

Additionally, SUNY Fredonia shall integrate information on domestic violence and this domestic violence and the workplace policy into existing materials and literature, policies, protocols, and procedures, including the Public Employer Workplace Violence Prevention Programs[1] as appropriate.

[1] 12 NYCRR pt. 800.16 Public Employer Workplace Violence Prevention Programs