4 Types of Employment Laws That Can Help Domestic Violence Survivors at Work

Domestic violence, which touches 17 million people in the U.S. each year, doesn’t only affect survivors’ physical and mental health and safety, it also impacts their ability to work and their economic security.

The Centers for Disease Control and Prevention report that nationally, 15.9 million women (12.7%) and 6.7 million men (5.7%) have missed at least one day of work due to intimate partner violence in their lifetime. In another study of women in transitional housing programs, shelters and other domestic violence programs, more than half of the survivors surveyed said they had lost a job because of the abuse they’d experienced.

Some survivors may be prevented from working by an abuser; others may be discriminated against by an employer because of the abuse they are experiencing – for example, denied a promotion or terminated. Some workers may also face retaliation at work for reporting abuse or harassment within the workplace from a customer, coworker or supervisor. All of this can have devastating economic impacts on a survivor and their family.

In the face of these potential economic consequences, many survivors stay or return to abusive relationships because they can’t afford to leave. In one survey of survivors in domestic violence shelters and programs, nearly 3 in 4 respondents said they stayed with an abusive partner longer than they wanted or returned to the abuser out of economic necessity.

To provide critical workplace protections against the impacts of domestic violence, many states and local governments are taking action and passing laws providing safe leave, broader reasonable accommodations, unemployment insurance that is less cumbersome for survivors to apply for, and more comprehensive anti-discrimination protections.

Laws Related to Safe Leave

Safe leave is paid or unpaid, job-protected time off that survivors of domestic violence, sexual assault and stalking can use related to the violence they’ve experienced. For example, some may use safe leave to prepare for legal proceedings, seek medical or psychological treatment, relocate or receive supportive services. Safe leave is available to the survivor and in some cases to their family members.

Several states and local governments provide safe leave through paid sick and safe days laws or through paid family and medical leave laws. For example, Colorado’s paid sick leave law states that victims of domestic abuse, sexual assault or harassment can take leave for several reasons including obtaining medical care, seeking legal assistance and locating safe housing. On the national level, Executive Order 13706 requires certain federal contractors to provide employees with up to seven days of paid sick leave annually, including for absences resulting from domestic violence, sexual assault and stalking.

Laws Related to Anti-Discrimination

A few states prohibit employers from making adverse employment decisions against survivors of domestic violence related to the violence they’ve experienced. For example, in Connecticut, it is illegal to fire, refuse to hire or discriminate against an employee, or prospective employee, because they are a survivor of domestic violence. On the federal level, Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex, may in certain cases apply to discrimination against survivors of domestic violence, sexual assault and stalking. Additionally, the Americans with Disabilities Act prohibits discrimination or harassment based on actual or perceived impairment, which could include impairment resulting from domestic violence, sexual assault or stalking. The EEOC has resources on this topic.

Laws Related to Reasonable Accommodations

Several states now require employers to provide reasonable accommodations for domestic violence survivors in their workplaces. Under Hawaii law, a reasonable accommodation for an employee who is a victim of domestic or sexual violence could include allowing an employee to work flexible hours or changing the employee’s contact information. On the federal level, the Americans with Disabilities Act may require employers to provide reasonable accommodations for survivors who have physical or mental health disabilities as a result of the abuse they’ve suffered.

Laws Related to Unemployment Insurance

Most states allow survivors to seek unemployment insurance if they are forced from their jobs because of the violence they experienced. For example, under Indiana law, an individual who either voluntarily leaves their employment or who is discharged due to circumstances directly caused by domestic violence is not disqualified from receiving unemployment insurance benefits. These laws are very important for the economic security of survivors and their families.

The protections listed above only capture some of the employment protections that may be available to survivors. These protections are critical, as they allow survivors to maintain their economic security while they navigate difficult circumstances. But even if your state doesn’t provide these protections, employers can establish their own anti-discrimination, reasonable accommodations and safe leave policies. We’ll be covering steps employers can take to prevent and address domestic violence and gender-based violence and harassment in a later blog.

If you or someone you know is impacted by domestic violence, please see these resources below:

National Domestic Violence Hotline: Call 1-800-799-7233 or TTY 1-800-787-3224 or text “start” to 88788.

Click on these links for national-level and state-level resources.

Kate Miceli is a policy analyst in the U.S. Department of Labor’s Women’s Bureau. Follow the Women’s Bureau on Twitter: @WB_DOL.