Purpose of Model Policy

[Employer X] is committed to providing a workplace in which domestic violence is not tolerated or excused. The workplace should be a safe environment. This policy is intended to increase awareness of domestic violence and help in responding to the needs of victims.

Definitions

Terms used in this policy are defined as follows:

1. Domestic Violence:
   A pattern of coercive tactics carried out by an abuser against a family or household member (the victim) with the goal of establishing and maintaining power and control over the victim. These tactics can be physical, psychological, sexual, economic, and emotional.
2. Abuser:
   A person who carries out a pattern of coercive tactics against a family or household member (the victim).
3. Victim:
   The person against whom an abuser directs his/her coercive and violent acts.
4. Family or Household Member:
   Social Services Law defines family or household member as persons related by consanguinity or affinity; persons legally married to one another; persons formerly married to one another; persons who have a child in common, regardless of whether such persons are married or have lived together at any time, and unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household.
5. Domestic Violence Service Provider:
   Agency or a staff member of an agency that helps victims of domestic violence. Services include residential programs (shelters) and nonresidential services. Shelters are licensed by the NYS Office of Children and Family Services.
6. Batterers Intervention Program:
   A program that includes educational classes for abusers as part of a coordinated response by the community, courts and criminal justice agencies. It can include community education and training.

Model Policy Language

1. Education and Support for Employees Who Are Victims of Domestic Violence
   1. [Employer X] will make available a list of resources for victims of domestic violence and abusers. The list will be posted in highly visible locations, such as bulletin boards, break rooms, rest rooms, health or first aid offices, company phone directories, and online information data bases. (See Appendix A)
   2. [Employer X] will make reasonable efforts to provide a safe environment for the victim- employee. (See Appendix B)
   3. [Employer X] will not discriminate against a victim of domestic violence in hiring, staffing, or other terms, conditions, or privileges of employment.
2. Leave Options for Employees Who Are Victims of Domestic Violence
   1. [Employer X] will make reasonable efforts to help victims who need time off for medical and legal assistance, court appearances, counseling, relocation, or to make other safety arrangements.(1) To this end, [Employer X] will try to grant leave with or without pay or adjust work assignments.
3. Employee Payroll and Benefit Change Request
   1. [Employer X] will make reasonable efforts to get company benefits in the victim-employee's own name when the victim-employee leaves a spouse (or covered domestic partner).
   2. [Employer X] will process the victim-employee's requests for making changes to his/her electronic payroll transfers.
4. Performance Issues Related to Being a Victim of Domestic Violence
   1. [Employer X] is aware that victims may have performance problems such as chronic absenteeism or trouble concentrating as a result of domestic violence.
   2. [Employer X] will make reasonable efforts to consider all aspects of the employee's situation and, to the extent possible, utilize all reasonable options to attempt to resolve the performance or conduct problem.
   3. If reasonable attempts to resolve the performance problems are unsuccessful, [Employer X] may decide to terminate the employee or the employee may decide to resign. In that event, [Employer X] will inform the employee that he/she may be eligible for unemployment insurance.(2)
5. Employees Who Commit Acts or Threats of Domestic Violence
   1. Any employee who threatens, harasses or abuses a family or household member at, or from, the workplace will be subject to disciplinary action up to and including dismissal. This includes employees who use workplace resources such as phones, fax machines, e-mail, mail or other means to threaten, harass or abuse a family or household member.
   2. Some job positions may give an employee access to certain types of information or resources. If he or she uses this access to enable an abuser to harm the victim, that employee will be subject to corrective or disciplinary action.
   3. Some employees may be licensed to possess firearms as a condition of employment. If such employee is arrested, convicted or the subject of an order of protection in a domestic violence related offense the employee's authority to possess a firearm may be unlawful under federal law 18 U.S.C. §922 (g)(8)&(9) or suspended/revoked under New York State Penal Law 400.00 (11), Criminal Procedure Law §530.14 or Family Court Act §842-a. [Employer X] shall be notified by the employee in the event any of these circumstances occur.

Appendices

• Appendix A: List of Domestic Violence Hotlines by County
• Appendix B: Guidelines for a Workplace Safety Plan for Employers and Employees

The following Appendices may be more applicable for large businesses:

• Appendix C: Guidelines for Providing Assistance to Victims: Human Resources Professionals
• Appendix D: Guidelines for Providing Assistance to Victims: Employee Assistance Professionals
• Appendix E: Guidelines for Providing Assistance to Victims: Occupational Health Professionals
• Appendix F: Guidelines for Providing Assistance to Victims: Security Services Professionals

Appendix A: List of Domestic Violence Hotlines by County

If your locality is not listed here, contact the statewide domestic violence hotline at 1-800-942-6906.

• Upstate Domestic Violence Hotlines
• New York City Domestic Violence Hotlines
• New York State Domestic Violence Hotlines

The Office for the Prevention of Domestic Violence (OPDV) makes no representation, express or implied, as to the accuracy of local service provider telephone numbers. Reasonable efforts were made at the time of this publication to verify service provider telephone numbers. However, due to circumstances beyond OPDV control, telephone numbers may be changed or discontinued. Accordingly, OPDV recommends that local service provider telephone numbers be confirmed, as well as hours of operation, before use or distribution.

Appendix B: Guidelines for a Workplace Safety Plan for Employers and Employees

o        For Employers

b.                  When assisting an employee to develop a personal workplace safety plan, ask what changes, if any, could be made at their workplace to make them safer. Victims of domestic violence know their abusers better than anyone else. When it comes to their own safety, offer to assist them in developing a personal workplace safety plan. However, if it is determined that other employees or customers are at risk of physical harm, it is essential to take reasonable measures to provide protection for them.

o        For Employees

4. Consider obtaining an order of protection that includes a stay away provision for the workplace. Make sure that it is current and available at all times. A copy should be provided to the police, your supervisor, human resources, the reception area, the legal department, the occupational health office, and security if your abusive partner may come to the work site. Ask co-workers and/or supervisors to call the police if the abuser threatens, harasses you at work or violates any civil/criminal orders of protection.
5. Consider providing a picture of the abuser to the reception areas and/or security.
6. Consider identifying an emergency contact person should your employer be unable to contact you.
7. Review the safety of your parking arrangements.
8. Consider having security escort you to/from your car or public transportation and/or obtaining special parking access.
9. Where possible, consider requesting a change and/or unpredictable rotations of your work schedule, work site, or work assignment if such a change is possible and would enhance your safety at work.
10. Consider having your telephone calls screened at work.
11. Where possible, discuss additional security measures with the on-site security department.
12. Review the safety of your child care arrangements. If you have an order of protection, make sure the provider has a copy.

The following Appendices may be more applicable for large businesses:

Appendix C: Guidelines for Providing Assistance to Victims: Human Resources Professionals

13. Participate in domestic violence training coordinated through a local domestic violence service provider that includes, at a minimum, information on ways in which domestic violence impacts on the workplace and its potential impact on worker productivity, as well as a general overview of domestic violence and related services.
14. Maintain a list of domestic violence services available to victims. This list should include: the phone number and description of local domestic violence service providers (see Appendix A), employee assistance, if available, and information on how to obtain orders of protection, criminal justice options, and any other available community resources.
15. Work with supervisors and union representatives to grant reasonable leave and adjust work schedules or location of assignment for employees who are victims of domestic violence, if possible.
16. Maintain the confidentiality of domestic violence circumstances and any other referrals under this policy to the extent permitted by law.
17. Consult legal counsel and advise supervisors when corrective or disciplinary actions are considered against employees who commit acts of domestic violence at [Employer X] work sites, or who are convicted of a crime as a result of domestic violence.
18. Work with the victim and, with the victim's consent, the supervisor, the employee assistance program, the legal department, union representatives, the occupational health office, security staff, if available, and law enforcement and domestic violence service providers, if necessary, to develop a personal workplace safety plan for the victim. (See Appendix B) When assisting an employee to develop a workplace safety plan, ask what changes, if any, could be made at their workplace to make them safer. Victims of domestic violence know their abusers better than anyone else. When it comes to their own safety, offer to assist them in developing a workplace safety plan. If it is determined that other employees or clients/customers are at risk of physical harm, it is essential to take measures to provide protection for them.

Appendix D: Guidelines for Providing Assistance to Victims: Employee Assistance Professionals

1. Participate in domestic violence training coordinated through a local domestic violence service provider that includes, at a minimum, information on ways in which domestic violence impacts the workplace and its potential impact on worker productivity, as well as a general overview of domestic violence, victim services, and batterers intervention programs available to abusers.
2. Arrange for training of staff on how to identify indicators of domestic violence and how to intervene most effectively.
3. Maintain a list of domestic violence services available to victims. This list should include: the phone number and description of local domestic violence service providers (see Appendix A), and information on how to obtain orders of protection, criminal justice options, and any other available community resources.
4. Provide education on domestic violence through existing or new channels such as lunchtime seminars, newsletters, posters, pamphlets, and employee and management training.
5. Work with victims and, with the victim's consent, human resource professionals, security staff, the legal department, union representatives, the occupational health office if available, and law enforcement and domestic violence service providers to develop a personal workplace safety plan to minimize the risk to the victim, other employees, and clients/customers.
6. Maintain confidentiality and respect the victim's need to be self-directing. When appropriate, and with the victim's consent, provide advice and consultation to supervisors with respect to issues of domestic violence in the workplace. Assist supervisors regarding issues of leaves of absence, performance or conduct problems, safety needs, other needed services and disciplinary actions towards an abuser who abuses a victim at or from the workplace. Discuss with human resources any personnel policy which may adversely impact victims.
7. Establish a relationship with domestic violence service providers in the community, sharing information and resources. One method of establishing a working relationship with a community organization would be to ask their staff to participate in workplace educational events on domestic violence.

Appendix E: Guidelines for Providing Assistance to Victims: Occupational Health Professionals

1. Participate in domestic violence training coordinated through a local domestic violence service provider that includes, at a minimum, information on ways in which domestic violence impacts on the workplace and its potential impact on worker productivity, as well as a general overview of domestic violence and related services.
2. Maintain a list of domestic violence services available to victims. This list should include: the phone number and description of local domestic violence service providers (see Appendix A), employee assistance if available, and information on how to obtain orders of protection, criminal justice options, and any other available community resources.
3. Work with victims and, with the victim's consent, human resource and employee assistance professionals, security staff, the legal department, union representatives, if available, and law enforcement and domestic violence service providers to develop a personal workplace safety plan to minimize the risk to the victim, other employees, and clients/customers.
4. Maintain the confidentiality of domestic violence victims to the extent permitted by law.
5. The American Medical Association recommends routine screening of all female patients for Domestic Violence in these settings: emergency, surgical, primary care, pediatric, prenatal and mental health. Screen in a confidential setting. Use questions that are direct, specific and easy to understand, e.g. "Because violence is so common in many people's lives, I've routinely begun to ask all my patients about it. Are you in a relationship with a person who physically hurts or threatens you?" Screen verbally in addition to any written questionnaires used. When unable to converse fluently in the employee's primary language, use a professional translator or another healthcare provider fluent in the employee's language --do not use the employee's family or friends as translators when asking about domestic violence. Document that screening for domestic violence was done.
6. Coordinate with the human resources component to post information about domestic violence in your work area. Also, have information available where employees can obtain it without having to request it or be seen removing it.

Appendix F: Guidelines for Providing Assistance to Victims: Security Services Professionals

1. Participate in domestic violence training coordinated through a local domestic violence service provider that includes, at a minimum, information on ways in which domestic violence impacts on the workplace and its potential impact on worker productivity, as well as a general overview of domestic violence.
2. Provide consultation to employees experiencing domestic violence to identify case-specific concerns and to develop individualized response plans as appropriate.
3. Document violations of a restraining order/order of protection, and notify law enforcement. Reasonable efforts shall be made to immediately inform the victim that law enforcement was notified.
4. Respond and intervene, as needed, to calls concerning safety in the workplace. Accept transferred harassing telephone calls from the employee's abuser, and document the calls.
5. Work closely with appropriate law enforcement agencies to ensure workplace safety.
6. Keep a copy, with the victim's consent, of any criminal/civil orders of protection and/or photograph of the abuser in a confidential file. Access to orders and information contained in them should be limited to a need-to-know basis.
7. Provide escorts to parked cars and priority parking near the building entrance for employees who fear an attack at work.
8. Work with victims and, with the victim's consent, human resource professionals, the employee assistance program, occupational health office, the legal department, union representatives, if available, and law enforcement and local domestic violence service providers, if necessary, to develop a personal workplace safety plan (Appendix B) to minimize the risk to the victim, other employees, and clients/customers.
9. When requested by the victim, implement protocols and procedures designed to protect the address and telephone number of victims from inadvertent disclosure.
10. Consider adopting a policy prohibiting firearms on the premises.

(1) New York State Penal Law §215.14 makes it a crime for employers to penalize an employee who, as a victim or witness of a criminal offense, is required, or chooses, to appear as a witness, consult with the District Attorney, or to exercise his/her rights as provided in the Criminal Procedure Law, the Family Court Act and the Executive Law. The law requires employers, with prior day notification, to allow time off for victims or witnesses to pursue legal action related to domestic violence.

(2) §593 of New York State Labor Law regarding eligibility for unemployment insurance includes a "good cause" provision. Under this provision, victims of domestic violence may be found eligible for unemployment insurance.