|
Effective Health
Care
Response to IPV
Domestic
Violence:
It’s a Human Resources Issue For Health Care Institutions
Any institution that addresses
intimate partner violence among its clients should also address intimate partner
violence among its members or employees. Nurses or doctors who are encouraged by
their work place to address the violence-related health and safety issues of
their patients also need to know that their work environment is safe and
supportive, allowing victims to come forward and holding perpetrators
responsible.
Sample issues that may come up for
you as an employee:
- If you are being abused and you
need to take time off repeatedly to go to court, will your employer
accommodate you?
- What if you have a relief from
abuse order against your partner and are fearful that he or she will turn up
at work and threaten you? Whom can you notify and how will your workplace help
to keep you safe?
- Will you have easy access to an
Employee Assistance Program and are the counselors trained on intimate partner
violence issues?
Contact the VT Network Against
Domestic Violence and Sexual Assault
vtnetwork@vtnetwork.org for information on Vermont
resources. The statewide domestic violence hotline for victims is
1-800-228-7395.
The Vermont Attorney General’s
Office runs a Domestic Violence and the Workplace initiative. Contact them for a
free, one-hour training, model policies, and other training or resource
materials. Contact Amy Fitzgerald, Assistant Attorney General at 802-828-5520 or
afitzgerald@atg.state.vt.us
The following information for HR
Departments is excerpted from the Family Violence Prevention Fund Web Site. Go
to
www.endabuse.org/programs/workplace for the full text and more resources
(e.g. a video on the topic).
List of Contents:
How Domestic Violence Affects the Workplace
Model Workplace Practices
Managers
- Signs of Abuse
- Talking about Abuse
- How Supervisors can help
- Supervising Employees who are
perpetrators of Abuse
- Special Concerns of Immigrant
Employees
Human Resources
- Hiring and Recruiting
- Performance Evaluation
- Promotion and Advancement
- Second Chance Agreements
- When the Employee Is a Perpetrator
of Abuse
Domestic Violence Affects the Workplace:
· One
in three American women report that they have been physically abused by a
husband or boyfriend at some point in their lives
i
· Sixty-six
percent of Fortune 1000 senior executives surveyed say they believe their
company's financial performance would benefit from addressing domestic violence
among their employees. Forty-seven percent say domestic violence has a harmful
effect on the company's productivity, and 44% say that it increases health care
costs.
ii
· Domestic
violence results in hundreds of millions of dollars in health care costs in the
U.S., much of which is paid for by employer benefits.
iii
· American
employees miss 175,000 days per year of paid work due to domestic violence.
iv
Agenda for the Future: Model Workplace Practices
Recognizing that responding to domestic violence is "good business," companies
increasingly are implementing policies that help employees who are facing
domestic violence. By working to mitigate the economic, legal, and productivity
risks related to domestic violence, businesses create a workplace that is safer
for victims.
Model practices for companies of
the future include:
Manager Training:
Trainings for managers - about how to recognize the signs of domestic violence
in their staff and how to discuss the workplace policies around the issue - can
raise awareness and increase sensitivity.
Security:
Security can play a critical role in protecting an employee at work. Employees
can provide security personnel with a photograph of a batterer in case he comes
to the workplace. Additional best practices include: special training in
domestic violence, relocating an employee to a safer workspace, installing a
panic button or other security device at an employee's workstation, escorts to
parked cars, installing extra lighting in the parking lot, and priority parking
near the building for employees who fear an attack at work.
Counseling and Referrals:
Companies with Employee Assistance Programs (EAPs) or other counseling services
can provide their employees with therapists trained to counsel on domestic
violence. Companies without EAPs can maintain lists of resources in the
community that specialize in domestic violence.
Leave and Benefit Policies:
Employers can accommodate employees' needs for flexibility in their schedules by
not penalizing them if they need to attend court proceedings, meet with a
counselor or relocate to a shelter.
Education:
Employee training, brown bag seminars, newsletter articles, and brochures on
domestic violence are all ways that an employer can create an environment where
it is safe to talk about domestic violence.
Financial Support:
Employers can conduct drives to collect clothes, toys, furniture, or money for a
local domestic violence program or shelter. Financial support can also include
having an emergency fund for employees in crisis situations.
Disciplining Abusers:
Companies can have policies in place that discipline abusive employees who are
violent at work, including those who use workplace phones, faxes or email to
harass their intimate partners.
Compliance Issues:
Some federal, state and local anti-discrimination, family and medical leave, and
disability laws may mandate certain actions and policies on the part of the
employer. Prompt and proper compliance and reasonable accommodations can reduce
the risk of employer liability for harm that may come to an employee from
domestic violence.
Managers
Managers and supervisors face one of the most challenging aspects of domestic
violence in the workplace: what to say to an employee who you believe is being
abused, and how to say it in a way that respects her privacy.
Supervisors are often among the first people in the workplace to become aware
that an employee may be facing domestic violence. If you think an employee may
be abused, the next step is to make referrals to either in-house resources, such
as an Employee Assistance Program, or external services such as a community
domestic violence program.
Signs of Abuse
Does your employee:
-
have unexplained bruises or explanations that don't seem
to fit the injuries?
-
seem distracted or have trouble concentrating?
-
miss work often?
-
receive repeated, upsetting telephone calls during the
day?
-
appear anxious, upset or depressed?
-
fluctuate in the quality of her work for no apparent
reason?
-
have a high absenteeism rate?
If you see
these signs in your employee, she may be struggling with abuse at home.
Talking About Abuse
If you think an employee may be abused, talk about the problem with her.
-
Let the employee know what you have observed
"I noticed the bruises you had
last week and
you look upset and worried today."
-
Express concern that the employee might be abused
"I thought it was possible that
you are being hurt by someone and I am concerned about you."
-
Make a statement of support
"No one deserves to be hit by
someone else."
-
If an employee that you supervise voluntarily discloses
to you that she is struggling with domestic violence, let her know you are
concerned and that you will support her. Keep the information confidential,
telling only those who need to know, such as Security if there is a direct
threat of violence at work. Work with her to adjust her schedule or workload
to increase her safety, if needed.
If the employee chooses to not disclose, no further questions or speculations
should be made. If there are performance issues that result from the abuse,
such as reduced productivity or excessive absences, you may offer help to her
by focusing on the performance problems in an empathetic and caring manner,
and refer her to appropriate company and community resources.
How Supervisors Can Help
-
Create a supportive environment. Employee training, Brown
Bag seminars, newsletter articles, posters and brochures on domestic violence
are all ways that an employer can create an environment where employees feel
safe and comfortable talking about domestic violence. Talk to your Human
Resources Department or Employee Assistance Program about education efforts
they can undertake.
-
A stable work environment with clear and consistent
performance expectations will help an employee achieve her best possible
performance.
-
Temporary changes in job responsibilities, schedule, or
even location, if permitted by the organization and desired by the employee,
could be an appropriate accommodation for some victims and make it possible
for the worker to focus on essential job functions.
-
Encourage the employee to let you know in advance if she
can't meet a deadline or can't handle a specific job function (e.g., answering
the telephone, when there is a possibility the abuser will call at work).
Temporarily adjusting expectations will allow you to respond in a supportive
way to the potential performance problem.
Supervising Employees Who Are Perpetrators of Abuse
With millions of women battered every year in this country, it is inevitable
that some employees in any medium or large sized company will be batterers.
Below are some suggestions for supervisors when talking to an employee who has
been identified as a perpetrator of domestic violence.
-
If the violence has been disclosed, discuss the problem
with the employee. If it has not been disclosed but the supervisor suspects
that it may be a problem, the supervisor may bring up any job performance
problems that may be related to the abuse.
-
Maintain the confidentiality of the employee.
-
Explain how domestic violence affects work performance.
For example, making frequent calls to threaten or harass someone can have an
impact on productivity.
-
Refer the employee to batterer's education groups. Call
the Domestic Abuse Education Project
(802)660-8560
vtdaep@aol.com to see if there are resources near you.
-
Let the employee know what the policies are that apply to
domestic violence, violence in general, and any other affected work area
relating to the problem. Be clear that the company does not tolerate domestic
violence, and refer the employee to the Employee Assistance program to get
help.
-
Call the police if the employee violates a restraining
order or is violent at work.
Special Concerns of Immigrant Employees
Many workplaces have large populations of immigrant workers -- employees or
members for whom English may not be a primary language. If an immigrant employee
discloses domestic abuse and seeks a manager's help, there are special needs and
concerns to consider. Local civil rights and immigrants rights groups in your
community may be able to help you meet the needs of immigrant employees seeking
help.
Prepare for the conversation:
When you know that you want to talk to an employee you think may be abused
who is from a particular community, gather information and knowledge about
community groups -- both domestic violence and culture-specific -- that might
work with the two of you to increase the employee's safety.
Language:
Ask the employee what language she or he most comfortably speaks. If English
is not her or his first language, offer to provide an interpreter. Do not use a
partner, children, or any other person accompanying the employee as an
interpreter.
Special Fears:
The victim may be afraid to call the police, because of fear of deportation,
or that the batterer will be deported.
Legal Status:
Bear in mind that an immigrant employee's legal status may be affected by
disclosure of abuse. Coming to and staying in the United States might be
contingent on sponsorship by the batterer. If the employee has any questions
about immigration status, offer a referral to an immigration lawyer.
Keep It Simple:
Use simple language and a broad definition of domestic violence. "Do family
members fight with you?" "Has someone in the family called you names?" "Are you
afraid of someone in the family?"
Assess Their Support System:
"Who can you trust to help you in this situation?" "What is it like in your
community (religion, culture or family) when someone talks about these issues to
an outsider?" "Do people in your community talk about domestic violence?"
Refer to Community Resources:
Provide referrals to resources in the community that can help in the
employee's own language and culture.
Human Resources
Clear human resources policies are at the core of a sound response to employees
dealing with domestic violence. Fair practices are key, including
non-discrimination against victims in recruiting, hiring and promoting, and
sensitivity in performance evaluation.
Key human resources issues include:
Hiring and Recruiting:
Any information about a job applicant's past or current exposure to domestic
violence should not be viewed unfavorably when making hiring or recruiting
decisions.
Performance Evaluation:
When conducting performance planning or evaluation sessions with employees who
are victims of domestic violence, the impact of the abuse on their job
performance should be taken into account. Special consideration of the
employees' need for time to obtain assistance for injuries and resultant
disabilities should be made.
Promotion and Advancement:
Sometimes, an employee who is being abused may have difficulty meeting the
demands of an advancement training program or promotion. She may turn down
opportunities while she is trying to cope with or leave violence at home.
Neither the fact that an employee is a victim of abuse nor a refusal of a
current advancement opportunity should be used to deny future opportunities to
the employee.
Second Chance Agreements:
An employee may reveal abuse to her employer only when faced with termination
for performance problems resulting from the abuse. Second Chance Agreements are
performance contracts that specify what behaviors have to change and give a time
period for addressing those performance problems. The employer should not at any
time demand that she leave the abuser as part of this agreement, or demand that
she provide personal details about the abuse in order to qualify for the second
chance. Referrals for assistance with the domestic violence should be given,
along with the specific expectations for performance improvement.
When the Employee Is a
Perpetrator of Abuse:
A workplace policy on violence or harassment should include employees who
perpetrate acts of violence against their intimate partners on-site or using
company resources. Employers should consider requiring the employee-perpetrator
to attend a certified batterer's treatment program as part of a disciplinary
action. Call the Domestic Abuse Education Project
(802)660-8560
vtdaep@aol.com to see if there are resources near
you.
|