Employment Discrimination based on Domestic Violence

Workplace bullying can occur anywhere you work or meet for work-related events. Many employees work remotely. Therefore, workplace bullying can occur online as a form of online sexual harassment and discrimination.

If your employers, coworkers, managers, supervisors, or customers are bullying you online, contact an employment discrimination lawyer to learn more about your rights.

Domestic Violence Discrimination Due to Missing Too Many Days of Work

Whatever the reason, victims of domestic violence may find themselves on the chopping block because they have missed too many days of work. They may need to attend Court hearings. They may have to receive counseling, therapy, or other medical treatments. They may need time to meet with social workers to create safety plans and move into a shelter or safe house.

However, employers may retaliate against employees for having serious issues at home rather than providing employees with accommodations to deal with these issues. Victims of domestic violence may get fired from work, demoted, lose shifts, or face other forms of punishment for missing workdays to deal with these issues instead of getting the time off they need.

Domestic Violence Discrimination Due to Fear of Danger in the Workplace

Employers may also terminate an employee because they fear the employee’s abuser will come into the workplace and create a problem for others. They fear the abuser may bring a gun or other weapon to the workplace to confront their victim.

Firing an employee dealing with domestic violence because of founded or unfounded fear is a form of wrongful termination and domestic violence discrimination. Instead of resorting to termination, an employer can provide extra security for the workplace, allow the victim to provide needed security, or find other ways to both accommodate the employee dealing with the domestic violence and protect the workplace.

When an employer makes any negative employment decisions against an employee because they are the victim of domestic violence, they are committing acts of domestic violence discrimination in the workplace.

Depending on your state, your employer must provide you leniency when taking time off from work due to domestic violence. Furthermore, they must provide you with reasonable accommodations to protect you and your coworkers when you are dealing with domestic violence, sexual assault, and stalking.

Federal and state laws prohibit bullying based on protected classes. Laws, such as Title VII of the Civil Rights Act, The Age Discrimination in Employment Act, The Americans with Disabilities Act Amendment Acts, The Equal Pay Act, The Uniformed Services Employment and Reemployment Rights Act, The Genetics Information Nondiscrimination Act, The Pregnancy Discrimination Act, and more help protect your rights against workplace bullying targeting your specific characteristics. These laws also protect you if the bullying results in you getting fired from work because you complained.

State laws may also prevent workplace bullying based on protected classes. Speak with an employment discrimination lawyer in your state to learn more about your rights under the state laws.

California laws provide victims of domestic violence, sexual assault, or stalking up to 12 weeks off from work for medical help, getting help at a domestic violence shelter or rape crisis center, receiving psychological counseling, or even moving or relocating to get away from their abuser. The leave applies to any victim of domestic violence who works with a California company with 25 or more employees.

To receive these protections, employees must give their employer notice that they need time off if it is possible.

Even if they cannot give notice of time off, they must let their employer know that they are dealing with a domestic violence situation to receive protection. Their employer must keep the situation confidential.

California Laws Prohibiting Workplace Retaliation as a Form of Domestic Violence Discrimination

California law also says no employee in any sized company can get fired from work, face employment discrimination, or face other forms of retaliation because they are victims of domestic violence, sexual assault, or stalking. However, you must let your boss know that you are dealing with the aftermath of domestic violence, sexual assault, or stalking to receive these protections against retaliation and domestic violence discrimination in the workplace.

California’s Reasonable Accommodations in the Workplace for Victims of Domestic Violence

Under California laws, an employer must provide employees dealing with domestic violence with reasonable accommodations to deal with the domestic violence, sexual assault, or stalking.

Reasonable accommodations may include some of the following actions:

California’s Paid Sick Time Law Protecting Employees Against Domestic Violence Discrimination at Work

California’s paid sick time law includes a “safe time” provision. Safe time is related to time off for victims of domestic violence, sexual assault, and stalking.

Employees earn an hour for every 30 hours worked. Employers may limit the safe time to 48 hours or six days. Employers may also limit the amount of paid sick time used in a year to 24 hours or three days.

Domestic violence victims can use this time to attend to any issues relating to domestic or sexual violence, such as Court hearings, doctor’s appointments, or safety planning meetings. Employees should receive paid time off for these meetings, appointments, and hearings without using their earned paid time off.

New York State’s Laws Prohibiting Domestic Violence Discrimination at Work

Victims of domestic violence are considered a protected class under New York State’s employment laws. Employees cannot face employment discrimination, retaliation, or wrongful termination when they ask for time off from work to attend Court hearings, attend to medical issues, seek a safe shelter, or deal with any other issues relating to domestic violence, sexual abuse, or stalking.

If you get fired from work, demoted, suspended, or get refused any reasonable accommodations to deal with any issues relating to domestic violence, your employer is breaking New York State’s domestic violence discrimination laws.

New York City bans employers from firing an employee or discriminating against an employee because they believe they are victims of domestic violence, sexual assault, rape, or stalking. Employers must make reasonable accommodations to allow victims of domestic violence the right to attend medical appointments or Court hearings relating to domestic violence.

The time off work may also include the right to meet with a social worker, advocate, safety planner, the District Attorney’s office, a financial counselor, filing a police report, or moving into a safe house.

New York City employers denying domestic violence victims this time off or otherwise retaliating against domestic violence victims for taking care of issues and concerns relating to domestic violence violate New York City’s domestic violence discrimination laws.

New York’s Paid Sick Leave Policy Protecting Employees from Domestic Violence Discrimination at Work

New York City also offers employees paid sick leave. Employees can use paid sick leave to take time off to deal with their own or a family member’s domestic violence issues. Employees are entitled to at least 40 hours of paid sick leave per year.

The law prohibits employers from terminating employees or retaliating against employees in an act of domestic violence discrimination because they used the paid sick leave to deal with domestic violence issues.