Workers who experience domestic violence, sexual assault or stalking may be protected from discrimination by Title VII of the Civil Rights Act and the Americans with Disabilities Act, according to new guidance from the federal government.
The U.S. Equal Employment Opportunity Commission, which is responsible for enforcing both of those laws, made the announcement in a new question-and-answer document.
Because Title VII and ADA do not explicitly protect victims of domestic violence or sexual assault, “potential employment discrimination and retaliation against these individuals may be overlooked,” the commission explained. But in certain circumstances, those two laws may prohibit discrimination against these applicants and employees.
Title VII prohibits gender discrimination. In explaining how it may protect assault victims, EEOC offered the example of an employer that fires a worker after learning that she was subject to domestic violence. It is illegal to take adverse employment actions based on myths and fears about “the potential ‘drama battered women bring to the workplace,’” EEOC said.
ADA prohibits disability discrimination and according to EEOC’s new guidance, “disabilities” can include impairments resulting from domestic or dating violence, sexual assault or stalking. The guidance offers the example of an employer that searches an applicant’s name online. If a search reveals that she was a complaining witness in a rape prosecution and received counseling for depression, the employer could not fail to hire her based on fears that she may require time off for symptoms or treatment.
For more examples, see the full Questions and Answers: The Application of Title VII and the ADA to Applicants or Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking.
For additional information about discrimination in the workplace, see Thompson’s employment law library, including the ADA Compliance Guide.