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Friday, August 26, 2016

More States Pass Domestic Violence Victim Workplace Protection

Domestic violence victims have enough problems without also having to deal with coworkers stigmatizing them and possibly getting fired. The trend is for states to protect sexual violence from workplace discrimination.

Most recently, five states enacted paid sick leave laws that include requiring paid leave for domestic violence victims. Those states are Vermont, California, Connecticut, and Massachusetts and Oregon. These are overall paid sick leave laws that protect both domestic violence victims and employees who need time off to care for victims of domestic violence. The paid leave accrues depending on each state’s law.

I frequently raunch on Florida for being so anti-employee, but I have to give my home state props for being one of nineteen states that have laws protecting employees who become domestic violence victims. Here is a brief summary of the state and local laws protecting domestic violence victims from employment discrimination:

  • Indiana prohibits discrimination for either filing a petition for a protective order or for actions taken by the abuser. It also provides that employer and employee may mutually agree to accommodations.
  • Delaware’s law makes it illegal to discriminate against domestic violence victims and requires employers to make reasonable accommodations such as schedule changes or changes in job duties.
  • North Dakota allows state employees up to 40 hours of sick leave for domestic violence victims and their family members.
  • Massachusetts' law requires employers with 50 or more employees to give up to 15 days off for medical attention, securing new housing, court proceedings and other needs related to the domestic violence.
  • New Jersey's law says an employee/victim is entitled to time off for treatment or counseling, and also says they have to be allowed to attend legal proceedings, civil or criminal, relating to the incident.  
  • California law says an employer can't fire an employee for being a domestic violence victim, and it also requires employers to make reasonable accommodations to secure the workplace for the victim's safety. Employers with 25 employees or more must grant victims reasonable leave to deal with court dates and other issues relating to the domestic violence.
  • Florida law grants domestic violence victims up to 3 days of protected leave. Employers cannot discharge, demote, suspend, retaliate or otherwise discriminate against an employee for exercising their rights to domestic violence leave. To our legislature's credit, this law has been in place since 2007, so we were a whopping 7 years ahead of pro-employee Massachusetts for a change. Miami-Dade County has an ordinance providing for up to 30 days of protected leave.
  • Colorado provides up to 3 days of leave if the employer has 50 or more employees.
  • Connecticut provides for up to 12 days of leave and bans discrimination against domestic violence victims.
  • Washington DC has a sliding scale for leave depending on how large the employer is.
  • Hawaii also has a protected leave, the amount of which depends on the size of the employer. Employers can't discriminate against victims and also must provide reasonable accommodations.
  • Illinois law requires reasonable accommodations, prohibits discrimination and 8 - 12 weeks of protected leave, depending on the size of the employer
  • Kansas law says employers can't discriminate against domestic violence victims who need time off.
  • Maine law grants reasonable protected domestic violence leave.
  • New Mexico provides up to 14 days of protected leave.
  • New York state prohibits discrimination against domestic violence victims. New York City and Westchester County require reasonable accommodations for domestic violence victims.
  • North Carolina prohibits discrimination against victims for taking reasonable domestic violence leave.
  • Oregon requires employers with 6 or more employees to grant reasonable leave and prohibits discrimination. Portland also requires protected domestic violence leave.
  • Rhode Island prohibits discrimination.
  • Washington provides reasonable leave. Seattle has its own leave ordinance and also bars discrimination.
  • Philadelphia provides leave depending on the size of the employer.

proposed federal law to protect domestic violence victims from discrimination at work went nowhere. Wouldn't it be good to have some uniform protections? Who the heck is against protecting domestic violence victims? Do we really think that getting beaten up should be grounds for termination? 

A pretty good summary of state laws up through September 2015 is here. It should also be noted that many states have laws protecting crime victims from being punished for missing time from work to testify in criminal proceedings.

Many states have laws protecting crime victims, allowing them time off from work to testify and/or recover. If the domestic violence causes a serious medical condition, then the employee may also be entitled to Family and Medical Leave if they qualify.

If you think domestic violence victims have enough problems without also having to worry about being fired, talk to your state legislators and members of Congress and ask them to pass more legal protections for this vulnerable group of employees.

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I appreciate your comments and general questions but this isn't the place to ask confidential legal questions. If you need an employee-side employment lawyer, try http://exchange.nela.org/findalawyer to locate one in your state.