Domestic violence in the workplace is much more prevalent than some might think. In fact, “forty-four percent of American employees (full-time American employees) personally experience domestic violence’s effect in their workplaces. Twenty-one percent identify themselves as victims of intimate partner violence.” Charles W. Pautsch told us in a recent CER webinar. With such high numbers, it’s easy to see why it’s important for employers to understand their role in handling domestic violence-related issues in the workplace.
“The Department of Justice has defined it as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or the threat of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.” Pautsch advised. The relationship is what separates this from other types of violence.
This could affect the workplace in several situations, such as:
- Coworkers in a relationship
- An employee who is a victim
- An employee who is an abuser
Many laws actually come into play for employers who discover domestic violence in the workplace or domestic violence affecting their employees. One such law is the Americans with Disabilities Act (ADA).
Domestic Violence in the Workplace and the ADA
How does the ADA come into play with domestic violence? ADA makes it unlawful to discriminate against someone on the basis of a disability. A disability is a physical or mental impairment that substantially limits one or more of the major life activities of such individual. Many cases involving domestic violence victims will invoke concerns about anxiety, depression, post-traumatic stress disorder, other mental health issues, or substance addictions—all of which might constitute disabilities under the law.
The ADA can also come into play if someone in your workforce has been in this situation in the past (i.e. they have a record of a disability), or is regarded as having a disability. Oftentimes employers have concerns over situations with employees in domestic violence situations, and that concern can elevate to the level of being regarded as having a disability.
Reasonable accommodations can also come up. For example, in the case where domestic violence is occurring between two employees, employers may need to look at the possibility of separating the two individuals. While reasonable accommodation does not usually include transfers to work under a different supervisor, this could be argued to be reasonable in the case where the supervisor and employee are in a relationship in which domestic violence is a factor.
Another time when the ADA might be relevant is when an applicant or employee claims disparate treatment or harassment based on impairments resulting from domestic violence. This might happen when an employer refuses to hire someone following the receipt of information related to involvement in domestic abuse. It could also happen if an employer decides to fire (or not hire) someone over concerns for future time off related to symptoms or treatment for depression, for example.
The above information is excerpted from the webinar “Domestic Violence: Your Obligations to Maintain a Harassment- and Discrimination-Free Workplace.” To register for a future webinar, visit CER webinars.
Attorney Charles W. Pautsch is a partner in Arnstein & Lehr LLP’s Milwaukee, Wisconsin, office. He is chair of the firm’s Labor & Employment Practice Group. He has concentrated his practice in labor and employment law for more than 33 years.