Effects on the Workplace

MODEL POLICY

POLICY: [Insert responsible department, i.e., Human Resources]

SUBJECT: Managing Acts of Domestic Violence Affecting the Workplace

Date Issued:     Supersedes:     Review Date:

I. PURPOSE

The purpose of this policy is to provide a mechanism for addressing acts of domestic violence affecting the workplace, as defined and described below. This policy applies to the perpetrators of violence only. Victims of domestic violence affecting the workplace should refer to [the Company]'s [Insert policy/guideline name/title. Note: It is strongly recommended that this policy be utilized in conjunction with a similar policy or guidelines regarding the employer's mechanisms with respect to employees who are victims of domestic violence.]

Data shows that domestic violence can and does affect the workplace. The Colorado Bar Association reports that 13,000 acts of domestic violence occur in the workplace each year. According to the United States Department of Justice, about 15% of violent incidents at work stem from marital or family problems. In a survey conducted by The National Safe Workplace Institute, 94% of the corporate security and safety directors surveyed rated domestic violence as a "high" security problem. While statistics indicate that most domestic violence is male to female, [the Company] recognizes that such violence may also be perpetrated by females or occur in same-sex relationships or in other household relationships.

[The Company] believes that the perpetration of domestic violence that affects the workplace, as described in this policy, negatively affect [the Company], its employees, customers and operations. Measurable costs to [the Company] of domestic violence in the workplace include absenteeism and reduced productivity of, not only victims and perpetrators, but also co-workers. What is more difficult to measure, but equally important, is the potential danger to employees and others that may arise when the perpetration of domestic violence that affects the workplace occurs. Finally, [the Company] is committed to maintaining a workplace where acts of domestic violence that affect the workplace are neither tolerated nor excused.

II. SUMMARY

In furtherance of its commitment to provide a workplace where acts of domestic violence affecting the workplace are neither tolerated nor excused, [The Company] is implementing this policy, which uses early intervention and awareness strategies, as well as disciplinary measures when necessary, to prevent or minimize the occurrence and effects of such acts.

III. SCOPE

This policy applies to all employees and on-site vendors, consultants or independent contractors (including, without limitation, [insert names of significant vendors]) of [the Company] (collectively, for purposes of this policy only, "Employee"), including [list any subsidiaries or affiliates of [the Company] to which this policy will apply] (collectively, the "Company").

IV. DEFINITION OF "ACTS OF DOMESTIC VIOLENCE THAT AFFECT THE WORKPLACE"

A. Acts of Domestic Violence Affecting the Workplace

"Acts of Domestic Violence Affecting the Workplace" includes violent acts (whether occurring within or outside of the workplace) occurring between family or household members, or between persons involved in a substantive dating relationship, and that the Company, in its sole discretion and judgment, determines affects the Company's workplace. Such conduct includes, but is not necessarily limited to, the following:

• any act or threat of an act of physical aggression that causes physical harm to any other person (regardless of gender)
• any statement or action that reasonably could be perceived as demonstrating an intent to cause physical or serious emotional harm to another (regardless of gender)
• intimidation or verbal harassment
• disorderly conduct
• display or discussion of weapons
• threats of suicide
• homicide, assault and battery, or rape
• stalking
• enlisting, coercing or asking others to do any of the above actions or
• aiding or abetting others in doing any of the above actions.

The Company reserves the right in its sole discretion to determine when particular conduct constitutes an Act of Domestic Violence Affecting the Workplace for the purposes of this policy.

V. POLICY

A. The Company considers the perpetration of Acts of Domestic Violence Affecting the Workplace by an Employee to constitute, at a minimum, intolerable, unacceptable conduct and a material breach of any duty such person owes to the Company. As such, the Company will take seriously any reports of such acts as defined in this policy. This policy, however, does not create any legal duty or obligation on the part of the Company to respond to, investigate or address any such allegations in any particular manner.

B. To the extent permitted by applicable law, the Company requires any Employee who has been convicted of having violated a temporary restraining order issued pursuant to applicable state law within the past five years, where any of the facts forming the basis of such violation arose from Acts of Domestic Violence, or who has been convicted of a felony arising from Acts of Domestic Violence, to report such violation or conviction to the Company by contacting the [Insert title(s) of appropriate contact person(s), e.g., Director of Human Resources, Site Manager, etc. If the Company has more than one place of business or division, the Company may wish to specify a contact in each location or division.].

C. The Company encourages any person who perceives that an Employee is perpetrating or has perpetrated Acts of Domestic Violence Affecting the Workplace to report promptly such conduct to his/her Manager or Supervisor [insert title(s) of appropriate contact person(s) -- may be the same person(s) as in paragraph C, above] of the Company so that the Company may review the incident. The Company will not tolerate any retaliation against anyone who in good faith reports an incident of an Act of Domestic Violence Affecting the Workplace or who cooperates in the review thereof. The Company will use reasonable efforts to protect the confidentiality of such individuals reporting or cooperating, but it cannot guarantee confidentiality in all cases.

D. Upon learning of an incident of an Act of Domestic Violence Affecting the Workplace, the Company may review the reported conduct, which may include an interview with the alleged perpetrator. The investigation may, to the extent permitted by applicable law, also include questions regarding:

• the alleged conduct of the Employee that may constitute a violation of this policy;
• whether the Employee has been convicted of violating a temporary restraining order issued pursuant to applicable state law within the five years immediately preceding the date of the request for information; and
• whether the Employee has been convicted of a felony.

The scope of the investigation shall include an inquiry as to whether the alleged perpetrator has used Company resources such as workplace office supplies, telephones, fax machines, mail, e-mail, access to the Internet, voice mail or other forms of electronic communication in the perpetration of alleged conduct prohibited by this policy Nothing herein, however, is to be construed to require the Company to act in any particular manner. The Company reserves the right to respond (or not to respond) to any actual or perceived Acts of Domestic Violence Affecting the Workplace, in the manner in which it sees fit given the particular facts and circumstances.

E. If the Company concludes that an Employee has violated this policy by perpetrating Acts of Domestic Violence Affecting the Workplace, the Company may respond by:

• referring the Employee to, or requiring the employee to seek help with, the Employee Assistance Program or a certified intervention program; and/or
• taking any other action that the Company determines may be appropriate, including placing the Employee on administrative leave without pay or taking other disciplinary measures, up to and including dismissal.

The Company, however, retains the sole discretion to determine the level of discipline (if any) imposed on such perpetrators.

F. The Company encourages any Employee who has perpetrated Acts of Domestic Violence Affecting the Workplace to seek help. Upon request, the Company may refer any such Employee to the Company Employee Assistance Program and/or to a certified intervention program. One consideration for the Company in determining potential disciplinary measures is whether the Employee recognizes the problem and seeks help from an appropriate program on his/her own accord.

G. The Company highly discourages conduct wherein an Employee knowingly, willfully or in bad faith falsely accuses another person of committing Acts of Domestic Violence Affecting the Workplace, or makes any other false report. Such conduct may cause the Company to take disciplinary measures against such Employee, up to and including dismissal.

H. The Company will use reasonable efforts to protect the confidentiality of any Employee whom the Company knows to be involved in any way with incidents of Acts of Domestic Violence Affecting the Workplace, but the Company cannot guarantee confidentiality in all cases.

VI. ADDITIONAL RESOURCES OUTSIDE THE COMPANY

Employee Assistance Program
[insert contact information]

[list other hotlines/resources, including certified batterers treatment programs, as appropriate]

This policy creates no contractual rights, and the Company reserves the right in its sole discretion to deviate from this policy as it deems appropriate in individual situations.

This model policy was funded by the Family Violence Prevention Fund, through a grant from the Violence Against Women Office, Office of Justice Programs, U.S. Department of Justice and will be adapted by the Corporate Citizenship Initiative on Domestic Violence.

This project was supported by Grant No. 2002-MU-BX-K001 awarded by the Violence Against Women Office, Office of Justice Programs, U.S. Department of Justice. Points of view in the document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

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