Domestic and intimate partner violence and the workplace

Domestic violence, also called intimate partner violence or family violence, is abuse by a current or former spouse, partner, dating partner or family member. It includes physical and sexual violence, threats, stalking, emotional and psychological abuse, financial abuse and coercive control, a pattern of behavior that isolates, monitors and dominates the victim. It is often thought of as a private matter that happens at home, but it frequently follows people to work. Abusers may call, text or email the worker repeatedly, turn up at the workplace, wait in the parking lot, harass co-workers for information, sabotage the worker's ability to get to work or, in the worst cases, attack the worker or others at work. This is Type 4 workplace violence, and it is a workplace health and safety issue.

This lesson explains how domestic violence affects the workplace, what the law requires, how to recognize signs that someone may be affected, how to respond supportively and safely, and how to plan for workplace safety. Domestic violence affects people of all genders, ages, cultures and backgrounds, although women experience most of the severe violence and are much more likely to be killed by an intimate partner. Workers who are 2SLGBTQI+, Indigenous, newcomers or living with a disability may face additional barriers to getting help.

How domestic violence reaches the workplace

Research in Canada and the US has found that many people experiencing domestic violence are harassed or threatened while at work or on the way to work, and that abuse often affects their attendance and performance. A large Canadian survey led by Western University with the country's main national labor federation found that about a third of respondents had experienced domestic violence at some point, and that more than half of those said at least one type of abusive act occurred at or near the workplace. Abuse affects work through lateness and absences caused by injuries, court dates or the abuser's interference; difficulty concentrating; being monitored by the abuser through calls and messages; and fear of being found at work. Co-workers may also be targeted or put at risk.

The workplace can be both a place of danger and a place of safety. For many people experiencing abuse, work is one of the few places where the abuser is not present and where they have contact with people who might help. A supportive response from a supervisor or colleague can make a real difference. Domestic violence homicides that occur at work, in which co-workers have sometimes also been killed or injured, show why a well-prepared workplace response matters.

What the law requires in the US

There is no federal law that specifically requires private employers to address domestic violence as a workplace hazard, but several legal obligations apply. The OSH Act's General Duty Clause can apply when an employer knows of a credible threat that an abuser will come to the workplace and fails to take feasible steps to protect the worker and others. California's Labor Code 6401.9 includes Type 4 violence, by a person with a personal relationship with an employee, in the hazards employers must plan for. Anti-discrimination law protects workers from being treated less favorably because of sex-based stereotypes about victims, and some states, including New York, Illinois and Oregon, expressly prohibit discrimination against victims of domestic violence. Many states allow employers to seek workplace violence restraining orders against a person who threatens an employee, as in California, Arizona, Colorado, Georgia and Nevada.

Leave for victims is governed by a mix of federal and state laws. The Family and Medical Leave Act provides eligible employees of covered employers with up to 12 weeks of unpaid, job-protected leave for a serious health condition, which can include physical or psychological injuries caused by domestic violence. Many states and cities provide specific leave for victims of domestic violence, sexual assault or stalking, or allow paid sick leave to be used for these reasons. California, for example, protects time off for victims of crime and abuse and allows paid sick leave, now at least five days or 40 hours a year, to be used for this purpose; Illinois's Victims' Economic Security and Safety Act provides up to 12 weeks of unpaid leave at larger employers; and New York, Oregon, Washington, Colorado, New Jersey and others have their own provisions. Employers must keep information about the leave confidential.

Recognizing that someone may be affected

People experiencing domestic violence often hide it out of fear, shame, concern for their children or worry about their job. Signs that a colleague may be affected include frequent unexplained injuries or explanations that do not fit the injury; clothing that seems intended to hide injuries; frequent lateness or absence; frequent upsetting calls or messages, or a partner who calls or visits constantly; a partner who controls their money, transport or phone; anxiety, distraction, withdrawal or changes in mood; reluctance to leave work at the end of the day; and mentions of a partner's jealousy, temper or controlling behavior. Signs that a worker may be abusive toward a partner include making threats or controlling calls during work time, using work resources to monitor or harass a partner, and talking about a partner in demeaning or possessive ways.

None of these signs proves abuse, and supervisors should not try to diagnose or investigate a worker's private life. The goal is to notice, to open the door to a conversation in a caring way, and to connect the person with support.

Responding: recognize, respond, refer

A simple framework for supervisors and co-workers is to recognize, respond and refer.

• Recognize: notice the signs, and take seriously any disclosure or concern raised by the worker or co-workers.
• Respond: speak with the person privately and at a good time. Express concern without judgment: "I've noticed you seem stressed lately and I'm concerned. Is everything all right? I'm here if you want to talk." Listen, believe what they tell you, and let them lead. Do not pressure them to leave the relationship, criticize the abuser or demand details. Ask whether they feel safe, at work and getting to and from work.
• Refer: tell the person about the support available, such as the employee assistance program, local domestic violence services, shelters and crisis lines, legal clinics, and the workplace's own leave and safety measures. If there is immediate danger, call 911.

Respect the person's choices. Someone experiencing abuse is the best judge of their own situation, and leaving an abusive partner can be the most dangerous time. A workplace response that takes control away from the person, for example by calling police without their agreement when there is no immediate danger, can increase their risk. The exception is when there is an imminent threat to the worker or others at work: then the employer must act to protect people, while involving the worker as far as possible.

Workplace safety planning

When a worker discloses domestic violence that may affect the workplace, or the employer becomes aware of a risk, the employer should work with the worker to develop a workplace safety plan. The plan should be confidential, shared only with people who need to know to keep the worker and others safe, and reviewed as the situation changes.

Co-workers may need information and training too, especially reception and security staff who might encounter the abuser. They should know never to give out information about a worker's schedule or whereabouts, to report suspicious calls or visitors, and to call for help rather than intervene physically.

When the abuser is an employee

Sometimes the abuser and the victim work for the same organization, or the abuser uses work time and resources to harass a partner elsewhere. Misusing work phones, email, vehicles or databases to monitor, threaten or locate a partner is misconduct that the employer can and should address under its policies. If both people work for the employer, safety planning may involve separating their work locations and schedules, enforcing any court orders, and taking disciplinary action against the abuser where justified. Employers should also offer referral to resources for people who use abusive behavior and want to change, while keeping the focus on the victim's safety.

Building a domestic violence-aware workplace

Organizations can prepare before a crisis by including domestic violence in their violence and harassment policy and risk assessment, training supervisors to recognize and respond, making leave and support information easy to find, displaying information about local services in private places such as washrooms, and partnering with local domestic violence organizations for advice and training. The message should be clear: domestic violence is not a private matter when it affects safety at work, and workers who disclose it will be supported, not penalized.