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Published: January 15, 2009
written by Carol A. Chapman
A statistical compilation prepared by the Wisconsin Coalition Against Domestic Violence found that domestic violence costs U.S. employers an estimated $3.5 billion every year through lost work time, increased health care costs, higher turnover, and lower productivity, while estimates from other national sources put that number closer to $6 billion. The National Domestic Violence Hotline reports receiving 17,000 more calls in 2008 than in 2007, with many victims reporting that as the economy has declined, the violence has increased. As an employer, it's important to know how this epidemic of violence affects your workplace and how you can minimize its impact while assisting your employees - both the victims of domestic abuse and their coworkers.
Why is domestic violence a workplace concern?
You need to be concerned about domestic violence simply because the problem is widespread, affecting not only your employees who may be victims, but also their coworkers, and even your clients or customers. Various surveys conducted in recent years, as well as crime statistics, paint a very bleak picture.
In 2005, the Corporate Alliance to End Partner Violence (CAEPV) conducted a national telephone survey of 1,200 full-time adult workers and found that 21 percent (one in five employees) were victims of domestic violence. Of those individuals, 64 percent reported that the violence they suffered had taken a toll on their work performance. Statistics gathered by the Sloan Work and Family Research network from various national and regional studies have revealed that:
- Ninety-six percent of the domestic violence survivors surveyed reported that domestic abuse affected their ability to perform their job duties
- Fifty-six percent of domestic violence victims reported that they were late to work because of job interference tactics used by their batterers
- Women who were victims of recent domestic violence reported a 26 percent higher rate of absenteeism and tardiness than nonvictims
- In 2003, the National Center for Injury Prevention and Control estimated the annual cost of lost productivity due to domestic violence to be $727.8 million, with over 7.9 million paid workdays lost each year - the equivalent of more than 32,000 full-time jobs
- In 2005, the CAEPV reported that 31 percent of employees surveyed felt obliged to cover for their coworkers who were victims of domestic violence, with 27 percent reporting that they had to do the victim's work
A 2007 survey by Peter D. Hart Research Associates found that 61 percent of men think employers should be doing more to raise awareness of and address domestic violence and sexual assault, with 87 percent reporting they believe employers should provide information to victims and 83 percent believing they should have policies in place to assist victims in getting help and access to available services as well as provide guaranteed job security for victims who take leave to get help.
There's also the safety issue. A National Safe Workplace Institute survey found that 94 percent of corporate security directors considered domestic violence a high security problem at their company.
What are employers doing?
A survey of workplace violence prevention released by the U.S. Bureau of Labor Statistics on October 27, 2006, found the following:
- Half of employers with 1,000 or more employees in the United States had an incident of workplace violence within the 12 months before completing the survey
- While five percent of all employers, including state and local governments, reported having a violent incident, 50 percent of the largest employers (those with 1,000 or more workers) reported an incident. For those employers, 24.1 percent of the reported incidents related to domestic violence
Despite the prevalence of violent incidents, the survey found that over 70 percent of U.S. workplaces have no formal program or policy that addresses workplace violence.
Recently, the state of Oklahoma and Wal-Mart partnered in a four-month pilot project, putting up posters with information for domestic abuse victims in the restrooms and fitting rooms of 10 Wal-Mart stores. During the same period, the YWCA's Oklahoma Safeline reported receiving 40 percent more calls and a local domestic violence and sexual assault center located approximately 15 miles from one of the targeted Wal-Marts marked a 215 percent increase in services. The pilot program is being considered a success and is being expanded to include all 85 Wal-Mart Supercenters and discount stores in Oklahoma. The company is paying the cost of printing the posters.
What can you do to address domestic violence issues?
Currently, 21 states have enacted mandatory or suggested workplace policies. In Louisiana, for example, the attorney general's Domestic Violence in the Workplace Task Force created a model policy for private employers, including sample nondiscrimination and extended leave provisions. The model policy also suggests that employers post information about domestic violence and victim resources in the workplace, including in women's restrooms, and recommends that employers work with their employee-victims to modify the workplace to protect their safety.
The sample policy provides procedures for dealing with employees with performance issues related to domestic violence as well as disciplinary procedures for employees who commit acts or threats of domestic violence. The model policy and guidelines also recommend that employers create a management response team that would be "charged with the responsibility of investigating and managing all reports of circumstances that raise a concern for employee safety from violence." Members of the team would include representatives from any department with a role in workplace domestic violence prevention and intervention, such as HR, security, legal, and employee assistance program departments. A copy of the model policy can be found here.
The CAEPV also provides guidelines for employers, including its "Six Steps for Creating a Successful Workplace Program" to address domestic violence:
STEP 1: Organize a multidisciplinary team to oversee the process.
STEP 2: Develop a corporate policy addressing intimate partner violence.
STEP 3: Provide training - recognize, respond, and refer.
STEP 4: Build awareness through workplace communications.
STEP 5: Enlist employees' help to ensure a violence- free workplace.
STEP 6: Broaden communications to include the community, important stakeholders in the company's industry, and other organizations.
More information regarding the CAEPV's program can be found here. The CAEPV also offers the following publications to help you improve how you handle domestic violence issues in the workplace:
- Corporate Approaches to Reducing Intimate Partner Violence Through Workplace Initiatives;
- Creating a Partner Violence Workplace Policy; and
- Domestic Violence: Workplace Policies and Management Strategies
The state of Wisconsin also has passed a number of laws in response to the problems posed by domestic violence, including Wisconsin Statute § 968.075, which makes arrest mandatory in domestic abuse cases in which any crime has been committed, as well as stronger domestic abuse restraining order and harassment restraining order laws. Additional information regarding Wisconsin resources is available through the Wisconsin Coalition Against Domestic Violence.
Bottom line
As the economy continues to decline, incidents of domestic violence, which are already high, will increase. Having a policy in place to ensure that security and safety are maintained in the workplace for all workers will become even more important. Additionally, creating programs and policies that provide a safe environment for victims of domestic violence to report the abuse and seek assistance will lead to healthier and more productive workplaces for all. Finally, when spouses or significant others have jobs in the same workplace, domestic violence in the home may become a safety issue in the workplace.
Carol A. Chapman is an attorney with Axley Brynelson, LLP. She can be reached at (608) 283-6766 or cchapman@axley.com.
This article was featured in the January 2009 issue of the Wisconsin Employment Law Letter, which is edited by Axley Brynelson Attorney Saul C. Glazer and published by M. Lee Smith Publishers LLC. Reproduced here with the permission of M. Lee Smith Publishers, LLC.
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