This is a guest post by Toni Ahl, President at EEO Advantage. The views, thoughts, and opinions expressed in the text belong solely to the author and do not necessarily reflect the view of OutSolve or its employees. 

October is Domestic Violence Awareness Month. As we know, being a victim of domestic violence is not a protected status under the statutes enforced by the Equal Employment Opportunity Commission (EEOC). Several years ago, EEOC had an initiative to bring awareness to the issues related with domestic violence. The majority of the victims of domestic violence are female so that policies enacted by companies may have an adverse impact on their female employees.

Does your company have a policy regarding domestic violence? Is there a process for employees who are victims of domestic violence to report to the company so that they may be referred to proper resources and get the help they need? Is your company prepared in terms of safety concerns related to domestic violence? Does your company have a policy regarding the use of leave in situations of domestic violence?

One of the reasons employers are impacted by domestic violence issues is that domestic violence impacts the work performance of the employee. If the employee has been injured due to the violence, they may take off from work. If they come to work, the employee may not be focusing on the tasks at hand and may be thinking about what has happened to them or what may happen to them. Their performance is therefore impacted. Another reason the company could be affected is because the abuser knows where the victim works, so if the victim has left the relationship, the abuser knows where to find them by coming to the job site. This may create a safety issue at the facility.

Some companies have a zero-tolerance policy if an employee has been accused and/or convicted of domestic violence. Although this seems like a good idea at first glance, let’s consider this scenario. Say both the victim and abuser work at the company and the abuser loses their job because the victim reported the abuse, the abuse could become worse for the victim due to the anger of the abuser over losing their job. In addition to stating the company’s position regarding abuse, stalking and/or sexual violence, having a policy to let victims know how their complaints will be handled is also important. You may find a sample policy addressing both of these issues at www.workplacesrespond.org. This is one of the national resources available to employers.

Victims of domestic abuse, stalking and/or sexual assault may be of any sex. Abuse can happen in same sex relationships. Abuse can extend into all socio-economic statuses and with people of all educational levels. Abuse can affect individuals in any profession. Abuse is one of the situations where the catch phrase for employers may be, “Stay aware and show you care.” By paying attention to employees and how they are acting at work, a life could be saved.

I also want to mention that September/October is National Hispanic Heritage Month. National origin discrimination is prohibited by Title VII of the Civil Rights Act of 1964, as amended (Title VII). Someone who alleges they are being discriminated against because they are Hispanic is alleging national origin discrimination. There is sometimes confusion that this is race discrimination rather than discrimination based on national origin.

October is National Disability in Employment Awareness Month (NDEAM). Disability should be considered when you are discussing diversity, equity and inclusion. The fourth part of D, E & I should be A for accessibility. The Department of Labor has resources on their website for NDEAM including a toolkit for employers.

If you have questions about any of the information provided, feel free to reach out to me at eeoadvantage@gmail.com or (502) 552-7648.