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RIMS - Magazines
Vol. 55 - Issue: November 01, 2008 Unhappy Home, Unhappy Workplace

by Carol Milano
Unhappy Home, Unhappy Workplace

One in five full-time workers-both male and female-has experienced domestic violence. In one major study, 20% of those victims surveyed had been abused by a domestic partner while at work. That means, for every 2,000 employees, as many as 80 have faced some sort of abuse in their workplace. Identifying employee domestic violence victims is not easy. "Some victims choose not to disclose to coworkers for fear of being fired, embarrassed, or judged negatively for staying in a violent relationship," explains Robin Runge, director of the American Bar Association Commission on Domestic Violence. "For many, the workplace is where they feel supported and successful, which might be jeopardized if their co-workers knew the violence they are experiencing at home." Fortunately, as employer awareness grows, more workers are discovering that assistance may be available without negative consequences.

Scope of the Problem
"Domestic violence" refers to abusive behavior in an intimate relationship, often aimed at gaining power or control over a partner. Tactics include emotional and verbal intimidation, economic domination, harassment, stalking, physical or sexual violence, and threats. Domestic violence victims and offenders are from all ethnic, socioeconomic and educational groups.

In a 2007 survey among Fortune 1000 companies, more than 50% of executives acknowledged that domestic violence affects their business. Only 13% believe that corporations have a major role to play in addressing the problem, however. Many are uncertain about how to address what are traditionally considered to be "personal family matters."

In 2005, researchers at the University of Arkansas conducted the first-ever large-scale study to examine the workplace specific impact of domestic violence with the help of a $750,000 grant from the Department of Justice. The researchers discovered that the workplace is a tempting setting for intimate partner violence. Employees spend many hours there, usually on a specific schedule, making their whereabouts predictable. Abusers often view work as a path towards possible economic independence and scheme to get a partner fired in order to retain dominance. Subtle sabotages include turning off an alarm clock or refusing to drive the employee to work.

Elements of Risk
Domestic violence has a significant affect on employee productivity. Both male and female victims report higher levels of distraction at work when they are faced with home troubles. A victim's average annual health care expenditure for emergency room visits, mental health services, substance abuse treatment and dental work is $439 more than that of a nonvictim. Women in the United States lose about eight million workdays each year because of physical assaults, threats or stalking, costing employers an estimated $728 million. Abuse-related job turnover carries significant costs, as well.

"People fixate on the Law & Order moment, thinking the perpetrator will come to the workplace with a gun, when a survivor discloses at work that she is a victim," says Runge. Far more commonly, abusers gain workplace access by pretending to be a customer, or cajoling a security guard with a pretext like, "I'm her husband. She forgot her lunch." Other abusers make dozens of threatening calls a day.

Victims have won claims and received damage awards when employers did not respond appropriately. Both federal and state laws cover employers' legal responsibilities. Federal statutes include sexual harassment, under Title VII, where both victim and perpetrator are employees, or harassment and discrimination based upon a disability either caused or exacerbated by domestic violence. OSHA laws require any employer aware of a workplace health and safety threat to protect all employees.

While a logical response may be eliminating the threat by firing the employee, workers "should be protected, not retaliated against, for reporting the workplace health threat," says Runge. Terminating a victim requesting time off to obtain a protective order, or heal from injuries may violate the federal Family and Medical Leave Act or any of 10 state laws requiring guaranteed leave for employees for such purposes.

What Employers Can Do
How actively do employers intervene to ease employees' domestic violence difficulties? Anne O'Leary-Kelly, chair and professor, and Carol Reeves, associate professor of the University of Arkansas' Department of Management, examined existing programs.

"We learned companies may hesitate for fear that they'll be asked to fix a domestic violence problem," says Reeves. Instead, her recommendation to employers is to simply "recognize, respond and refer a victim appropriately, incurring no legal liability."

O'Leary-Kelly and Reeves found that employer assistance clearly makes a difference in each victim's life and productivity. Negative effects, like distraction, dissipate after the victim is removed from the abusive situation.

To Runge, who has represented many domestic violence survivors, "Employers have so much power to bring to this issue. A victim needs support, options and clear limitations from her employer, upon which to base decisions regarding her safety and employment. An important worker/employer conversation would include [how many] days she can take off, and whether she would eventually be hired back if she feels she must relocate to ensure her safety."

"Pioneering companies such as Liz Claiborne, Macy's and L.L. Bean, and advocacy groups such as the Corporate Alliance to End Violence, have established simple, effective programs that show organizations how to get help for employees without being an expert or becoming entangled in employees' personal lives," says O'Leary-Kelly.

To protect employees, while complying with legal requirements, there are steps employers can take to address domestic violence in the workplace.

Develop a clear, written domestic violence policy. Make employees aware of it via company websites, intranet, newsletters, wellness materials and brochures. Local advocacy groups can provide safety cards and posters for lunchrooms, hallways and restrooms.

Build a network of referral sites, including appropriate shelters, social service organizations and advocacy groups. A concerned employer's role is offering victims the means to get professional assistance to protect themselves and their children.

Help employees feel safe revealing a domestic violence problem. Emphasize confidentiality, privacy and assurances that no one will face job loss or discrimination after disclosure.

Respond to all disclosures, maintain flexibility and listen carefully. "Risk managers understand the person showing up with a gun, but take it less seriously when someone shows up with a lunch bag and looks normal," says Runge "What appears on the surface to be less violent is equally risk-based." 

Consider simple solutions. Carefully review each location's safety standards.  Harman International's restrooms now have an emergency phone, parking lots have adequate lighting, and front and side doors are always locked. Victims are encouraged to provide a photo of a potential abusers for receptionists and security guards. If managers are to notify security, the security unit should already have a response plan. A companywide program is not necessary immediately. Start with one site, learn what works best, and adapt it for other locations.

Two Successful Programs
Verizon Wireless developed its "SafeWork" program in late 2007, assisted by Safe Horizon, a victim assistance agency. Twenty human resources specialists, chosen to become certified trainers, now train groups of 20 people at different sites, joined by a local domestic violence expert. According to company spokesperson Debra Lewis, the goal for trainees is to learn how to facilitate getting a domestic violence victim the appropriate help.

With 3,000 managers and supervisors trained in 2008, the company hopes to eventually instruct all 70,000 employees. "As [an] employee comes forward, Verizon strives to find an appropriate response," says Lewis. "We can help if someone wants, for instance, to change a schedule or a phone number, take a leave of absence, or get a closer parking spot." Already, Verizon Wireless has relocated about 100 employees-some as far as across the country and others to a different retail store in the same county.

Program development incurred modest up-front costs, but no maintenance expenses. "Our goal is making [domestic violence] part of our overall HR training program, says lewis. "Hopefully, we'll eventually save money and more employees will get the help they need sooner." 

Harman International Industries launched its domestic violence program in late 2001, after the horrific murder of a 24-year employee near her home. Start up costs for policy development, training and evaluation were inexpensive, says the company's corporate counsel, Lynn Harman. "We spent about $100,000 for Family Violence Protection Fund consultation and a modest stipend to some local trainers. [Volunteers] were grateful that their company cared enough to invest in this issue. We still get thank you letters.  You can't put a price tag on that."

All 3,500 employees were trained in mandatory two-hour sessions, which were also given in Spanish. The policy, translated into several languages, stresses that revealing domestic violence cannot affect employment. "People had not sought help because they were afraid of losing their job if they told us, or that we would be concerned about danger in the workplace," says Harman. "We just didn't know. [All of these] women who had these horrific situations in their lives had their burdens lifted. We do whatever is reasonable to help them in the workplace."

To erase stereotypes, training covers telltale signs of abuse so employees can direct a co-worker appropriately (often to human resources). All new employees receive training, sometimes included in orientation or sexual harassment sessions. Reinforcement activities, like brown bag lunches or Sponsor-A-Shelter programs, emphasize Harman's commitment.

"Given the statistics, it is not possible that domestic violence isn't happening in many places," says Harman. This hidden trauma could cause extreme situations that cannot be predicted or avoided at work. However, effective policies can address the more common impacts of domestic violence on the workplace and provide survivors with the support they need.

Carol Milano is a freelance writer based in New York and a frequent contributor to Risk Management.


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