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Employment Rights of Domestic Violence Victims

By John D. Shyer and Amy S. Donovan
February 25, 2010

Domestic violence is a critical workplace issue. According to New York City-based Safe Horizon, the largest provider of services to victims of domestic violence in the country, one in five employed adults is a victim of domestic violence. See http://www.safehorizon.org/safework/. Nearly 64% of employees who are victims of domestic violence have indicated that their ability to work is affected by the violence. Id. Employers are said to incur nearly $6 billion annually in health care expenses and lost productivity as a result of domestic violence. Id.

Economic Factors

As the New York State legislature has recently recognized, a domestic violence victim's capacity to escape an abusive relationship is often dependent on economic factors such as finding and keeping a job and gaining financial security and independence. See N.Y.A. A00755A, 2009-2010 Sess. (2009), available at http://assembly.state.ny.us/leg/?bn=A00755. Frequently, victims of domestic violence will need time away from work to meet with attorneys or counselors, attend court hearings, arrange for alternative housing or recover from injuries. Id. However, out of embarrassment or fear of losing their jobs, domestic violence victims will often fail to inform their employers of the circumstances. Id. Accordingly, “it is not unusual for a victim of domestic violence to be terminated from his or her job or demoted because he or she needs time of[f] or flexible hours as a protective measure.” Id.

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