Lay a Solid Foundation
Before bringing the suggestion of a domestic violence program to management, survey the landscape for overall interest and individual supporters. Approaching management as a group will increase your chances of success, so try to find a few other people who will stand as allies. Perhaps it’s a corporate security leader who frequently mentions the issue of domestic violence when discussing risks to the company, or a human resources professional who sits on the board of the local domestic violence shelter. Any one of these people could be enlisted to help back your cause, along with legal, accounting, insurance, EAP, or payroll personnel who can help explain the benefits to senior level staff. The point is to approach management as a team of committed individuals who are willing to get the ball rolling, as opposed to just one person with an idea. This cadre will ideally be led by an upper management champion who supports and represents the voices of the group.
In addition to individuals, backing can be sought from the workforce as a whole. Consider inviting a presenter from a local domestic violence agency to come do a “brown bag” informational session at your workplace. Afterward, attendees can fill out a survey indicating their interest in a company-wide domestic violence program, and to what extent they would want to be involved.
Lastly, you will want to build prerequisite relationships with local domestic violence organizations and police departments. These groups can be great allies and resources, but it is important to develop connections before assistance is needed. Do so through activities like participating in a fundraising event for your town’s shelter, sponsoring a domestic violence conference, or attending police led community safety meetings.
Assemble the Team
The nucleus of any quality domestic violence program is a focused multidisciplinary team to oversee the process of creating, launching, and operating it. In some companies, this might be a domestic violence task force to which senior leadership assigns representatives from stakeholder departments. In others, the domestic violence committee may come from (or be incorporated into) a pre-existing threat assessment or employee wellness team.
Who should have a seat at the table when it comes to addressing domestic violence? Any department that directly deals with the issue, such as security, human resources, legal, communications, employee assistance programs and union representatives. If possible, subject matter experts should be brought on as consultants throughout the construction process and retained to advise the team on particularly challenging cases.
The training of the domestic violence team can be expanded to include threat assessment and management skills, so they can better evaluate and respond to concerns that arise. A simple protocol should be developed to determine how cases will arrive at the table, how team members will be convened to address them, and how threats will be reviewed and dealt with. Team members can also be taught to create customized workplace safety plans and help employees navigate the variety of accommodations and services offered.
Part of the team’s goal is to increase the safety of the work environment by determining what the emergency response protocol will be. Security is at the core of the team, advising members on how to best respond to crises such as an active shooter scenario. The objective is to formulate a plan that lets everyone, from upper management to front line staff, know exactly what to do when faced with an act of on-site violence.
Create New Policy
The next step in your efforts is to clearly define the company’s stance on domestic violence through a comprehensive employee conduct policy. In many states, public organizations are required by law to do so, and a multitude of complicated legal issues exist around subjects like confidentiality and non discrimination. Companies are responsible for making sure their policy is in accordance with the laws of any jurisdiction they function in, a particular challenge to companies that operate in multiple districts, therefore legal counsel will be a crucial part of your policy building process. If you need up-to-date information on legislation regarding domestic violence and the workplace in any state, the Legal Momentum website is a great place to start (www.legalmomentum.org).
Depending on the particulars of your organization, your domestic violence policy may stand alone, or fit well into an existing workplace violence document. One of the multidisciplinary team’s first tasks will be to look at what is currently in place, determine which policies and procedures already cover domestic violence, and decide what changes might be needed. Policies addressing domestic violence should concentrate on the following key areas, conveying expectations and promises to both victims and abusers.
In regard to victims, the focus should be on safety, job security and available accommodations. For instance, if an employee is being harassed at work by an abusive partner, their supervisor may be able to change their station, shift, or branch location so they are less accessible to the offender. Security may be able to provide parking lot escorts, and a two way radio to alert both parties to the presence of the abuser. Human resources may be able to assist by allowing the employee time off to deal with the medical, legal, and emotional problems that often accompany abuse. An ideal policy would also pledge that victim confidentiality and job status are protected in the event of a discovery or admission about abuse. Victims should know that specifically identified staff members (security, HR, etc.) will be alerted to their situation on a need- to-know basis only, and be assured that their lives will not become water cooler gossip.
In regard to perpetrators, the key message should be one of zero tolerance for violence (or threats thereof) on company property, at company functions, or via company resources (phones/computers/vehicles, etc.) Any one of these actions could be grounds for a negligent hiring, retention or supervision lawsuit so it is imperative that employees be well informed of the consequences for violating the rules. At the same time, batterers should be aware that counseling is available through local or employee assistance programs, and have assurance that they won’t be penalized for seeking help on their own volition.
The overall goal is to cultivate an environment of open communication that encourages disclosure. When employees know help is available and their job is secure, they will be much more likely to confide in their employer. Without that confidence, they may keep quiet, which puts the employer in the dangerous position of “flying blind”, never knowing the source or timing of a potential attack.
Train in the 3 Rs
The next stage in creating a strong program is to plan and provide specialized training for the multidisciplinary team, human resources, and management personnel around how to identify and react to situations of possible domestic violence. The focus is on skills based, regularly repeated trainings that allow for refreshers and employee turnover. This should be done in advance of any publicity about the program; otherwise, departments may find themselves flooded with questions they cannot answer.
Management staff and human resources need not be experts in the subject, and they shouldn’t assume the role of counselor or become personally involved in employee situations. However, they should at least know how to identify a domestic violence situation, how to sensitively approach and respond to victims, and where to send them for further assistance. Professionals often call this type of training the “3Rs” (Recognize, Respond, and Refer).
Included should be a brief subject overview that facilitates general awareness of the issue and the company’s policies regarding it. Some departments may need additional training that others do not. For example, the security team will need to know how to enforce protection orders, while the human resources department may need extra information on employment law or victim privacy. Trainings can be held in person or through an online module, and include line employees as well as management, so they can serve as a resource for their co-workers. After all, studies show that victims of violence are more likely to turn to their co-workers for help than their boss, reflecting legitimate concerns about confidentiality and job status.
Shout it From the Rooftops!
Once your program is ready to launch, it’s time to crank up the communications. Employees can be informed about the new effort through memos, company websites and email, electronic or paper newsletters, break room posters and brochures, or payroll inserts. While the message on a poster for example, should be brief, employers can use the company website or employee handbook to disseminate a wealth of information about domestic violence. They can also speak about it at orientation, in-service, and wellness trainings, as well as arrange quarterly seminars featuring speakers on domestic violence.
Campaign messages should stress several key points including the idea that domestic violence in the workplace affects everyone. Employees should be taught to recognize signs of abusive behavior in a partner or signals of victimization in co-workers. Lastly, they need to know specifically where to turn for help, understanding that they will not get in trouble for disclosing that they are a victim of abuse or for expressing concerns about a fellow employee. A simple referral to the EAP, or a local domestic violence hotline will suffice.
Expand Your Scope
Now that you’ve got a domestic violence program you can be proud of, it’s time to let the media, your community, your customers, your shareholders, your industry peers, and other groups know what you’ve created. Sharing cases and ideas with other employers is a great way to build strategies and connections while gaining wisdom from each other’s experiences. Employers who have already been successful in creating their own programs may offer advice through coalitions such as the Corporate Alliance to End Partner Violence (www.caepv.org) and Workplaces Respond to Domestic and Sexual Violence (www.workplacesrespond.org).
Other ways to take a stand against domestic violence include offering employees the opportunity to volunteer with or collect donations for a local battered women’s shelter, partnering with service providers at an employee health and wellness fair, or sponsoring a domestic violence conference or fundraiser.
Addressing domestic violence in the workplace isn’t an overnight task, but it is an incredibly important one, the impact of which will make your company and your community stronger and safer for everyone. Please consider what your organization can do to fight domestic violence today, and move forward with courage.
Originally published on Wednesday, 09 October 2013
512 views at time of republishing
Although workplace attacks are never completely avoidable, there are concrete steps companies can take to protect employees and customers, while simultaneously reducing health care costs, absenteeism, and legal risks. Organizing and implementing a corporate domestic violence response program is easier and more cost effective than you might think. Here are three compelling arguments for the investment, beginning with the most urgent:
1) Safety
Of all the things that could possibly cause a female worker’s death on the job, from falls to electrocution, in most years the leader of the pack is homicide. In roughly 20% of these murders, the alleged killer was the victim’s current or former intimate partner (3). Such was the case in Orlando, FL on September 27, 2012. That was the day Michelet Polynice brought a handgun to the Quality Suites Inn where his ex-girlfriend Carlene Pierre was working at the front desk. Two weeks before, Polynice had been served with a restraining order for hitting Carlene with his car in the hotel’s parking lot. Carlene and her co-worker Vanessa Gonzalez-Orellanes were shot and killed instantly. Polynice then drove to the Westgate Lakes Resort parking lot where he shot and wounded Carlene’s best friend Jean Guerline before killing himself. This tragedy is, of course, a worst case scenario, but its occurrence proves that such an attack (or even a larger one) could be looming just around the corner.
Research has shown that most corporate security directors are already aware of the threat domestic violence in the workplace poses. In fact, in a recent survey, 94% of them ranked domestic violence as a high-security problem at their company (4). Yet oddly, another study found that although a significant majority of corporate executives recognized the devastating impact of domestic violence in the workplace, only 13% thought their company should address the problem. (5) If the safety of their employees and the general public is not enough to sway the C class, perhaps this next point will get their attention:
2) Cost
Being abused at home (and possibly at work) can result in a number of problems for employees, and thus multiple costly issues for their employer. For example, a victim of domestic violence may sustain injuries, causing them embarrassment and pain which then produces absenteeism and health care costs for their company. When they do return to work, they may arrive late or leave early, because their abuser has kept them up all night or sabotaged their childcare and transportation plans. While on the job, victims can suffer from anxiety, humiliation, and an inability to concentrate, due to threatening phone calls or visits from their abuser. The victim’s co-workers experience difficulty when these things happen as well, because they may be worried for her safety, frightened for their own, or resentful that they have to take up her extra work. Over time, these concerns can produce low morale and a high turnover rate. When translated to dollars, the cost of abuse becomes colossal: U.S. employers collectively pay out more than $5.8 billion each year in lost productivity, absenteeism, and health care costs related to domestic violence(6).
Employee victimization isn’t the only part of the equation that affects your bottom line. Although you may not know who they are, statistics say there are probably batterers working for your company right now. And according to one study, their abusive habits often crossover into the workplace. In addition to displaying bullying tendencies and aggressive behavior on the job, 78% of them admitted to using company resources and equipment to harass, threaten, or check up on their victim. (7) Furthermore, 42 percent admitted being late to work, and 48 percent had difficulty concentrating on the job as a result of their abusive behaviors. (8)
Curious about how much domestic violence may be costing your company? Check out the Texas Health Resources Domestic Violence Cost Calculator at https://www2.texashealth.org/dv/. Your accountants may be in for an expensive surprise.
3) Liability
If you’re starting to see the benefits of addressing domestic violence, but still aren’t sure you could get company wide buy-in, consider bringing on the only team members who might seal the deal: the corporate lawyers. Attorneys have a keen understanding of liability issues, and therefore can help to drive home the following point: neglecting to take action against domestic violence could leave your company open to massive legal and financial risk. To begin with, there is the General Duty clause of the Occupational Safety and Health Act of 1970, which says employers must take steps to protect their workers from acts of violence. If the employer fails to do so, the result may be a substantial OSHA fine, or worse. Jury awards for inadequate security suits average $1.2 million nationwide and settlements average $600,000. (9) Considering that domestic violence makes up a quarter of all workplace violence, it’s an area well worth an employer’s focus. For example, when Francesia La Rose’s employer State Mutual Life Assurance Co. failed to take adequate action to protect her against a specific threat, they paid in both blood and money. Francesia was murdered by her former boyfriend at her work site, causing not only heartbreak for her family and trauma to her co-workers but an $850,000 settlement by the company as well (10).
Other legal considerations include the possibility of a discrimination claim, an Americans with Disabilities Act complaint, or a wrongful termination lawsuit from a victim who has been fired, not hired, or passed over for a promotion due to the fact that he or she is a victim of domestic violence. A company can also be sued if it is determined that they violated a victim’s privacy, ignored harassment from other employees toward the victim, imposed sub standard or punitive job changes, or failed to allow a legitimate absence under the Family Medical Leave Act.
Don’t forget about those batterer employees either. Successful lawsuits in many states have proven that companies can be held liable for the dangerous acts of employees if they don’t use reasonable care in hiring, training, supervising, or retaining them when harm was in any way foreseeable.
A final but significant point for the hospitality industry to consider is that they are responsible not only for their employee’s safety but also that of customers, guests, and others invited onto their premises. For instance, if a hotel desk clerk issues a copy of a woman’s room key (without permission) to her estranged husband, who then enters the room and harms her, the hotel can be held accountable. And no one wants to imagine the cost in lives and lawsuits that could accompany a domestic violence related mass shooting in the workplace.
As leaders of our country’s workforce, directly or indirectly employing 1 out of every 17 Americans, the hospitality industry is in prime position to effect change and take a stand against domestic violence. Not only might lives be saved, but individual companies could profit through both hard and soft benefits. If you are considering addressing domestic abuse within your workplace but don’t know how to begin, please read part two of this article in the next issue when I explain the steps required to create an effective, in-house domestic violence program.
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