GREAT 155 IDEA: How to Deal with Domestic Violence

What would you do if your sales manager walked into work one morning with a black eye? What do you say when your secretary shows up with a split lip and puffy, swollen eyes? Do you ask what happened? Do you pretend nothing is wrong?

A battered employee is impossible to ignore. No one likes to invade an employee's privacy, but too often domestic violence adversely affects you and your business. Smaller businesses, which usually operate more like a close-knit family, are profoundly affected when an employee is in trouble.

Chances are that at some point, you will experience the devastating effects of domestic violence. Every year, about one million women are attacked by someone they know. And according to a report by the U.S. Department of Labor's Women's Bureau, battered women can't help bringing their problems with them to the office.

A recent study of women who are victims of domestic violence found that 96 percent experienced some problems at work. More than 60 percent were late for work; 70 percent reported having a tough time concentrating on their tasks. A distracted or unmotivated employee poses a personnel problem, but a battered and emotionally overwrought employee can turn into an emotional and financial disaster.

While corporations have formal employee assistance programs, small business owners, who can't even afford basic insurance benefits, rarely have such programs in place. In fact, only 15 percent of small businesses offer some sort of employee assistance program, according to the Bureau of Labor Statistics. But you obviously have to do something when an injured or emotionally upset employee appears at your office door.

The first step may be to provide basic medical care at a local clinic. Referring the employee to a social service agency that provides counseling on a sliding-scale basis may also be a short-term solution. As an employer, you have to be careful not to cross the line and demand the details, but being truly compassionate rarely gets anyone in trouble. In many cases, a battered spouse feels safe only at work, so your place of business becomes her only haven.

Troubled employees rarely leave their problems at home. You may have to deal with coworkers' fear and be forced to increase security. If coworkers are afraid of the batterer, it can turn into a sensitive company-wide problem, especially if people know the husband or boyfriend. (Most domestic violence cases involve men battering women, but there are definitely women who physically abuse their husbands—and lovers.)

In many states, including California, employers can seek a temporary restraining order on behalf of an employee if the person has been threatened with violence that could take place at work. This provision, in a piece of pioneering legislation, is part of the Workplace Violence Safety Act. Look into the laws that apply in your state.

If domestic violence is affecting your business, don't be an ostrich—deal with it.

Here are some available resources:

  • You can contact the Family Violence Prevention Fund at 383 Rhode Island St., Suite 304, San Francisco, CA 94103-5133; (415) 252-8900; www.endabuse.org.
  • The U.S. Department of Justice has a special office set up to deal with violence against women: Office on Violence Against Women, 145 N Street NE, Washington, DC 20530; www.ovw.usdoj.gov.
  • The Occupational Safety and Health Administration (OSHA) also deals with workplace violence of all kinds: 200 Constitution Ave., NW, Washington, DC 20210; (800) 321-OSHA (6742); www.osha.gov.
  • Legal Momentum: The Women's Legal Defense and Education Fund, 395 Hudson Street, New York, NY 10014; (212) 925-6635; www.legalmomentum.org.
  • The National Domestic Violence Hotline operates a 24-hour, toll-free national domestic violence hotline [(800) 799-SAFE], providing counseling and referrals to a variety of services including medical care and shelters; www.thehotline.org.

Coping with Mental Illness at Work

Depression affects one in four American adults, so it is not unlikely that you will have to deal with a depressed worker. The indirect cost of dealing with depression and other mental illness is about $79 billion a year, according to the National Institute of Mental Health.

The Americans with Disabilities Act prohibits employers from discriminating against employees with psychiatric problems if they have the skills to perform the essential functions of the job. If they can do the job, but still need “reasonable accommodations,” as specified by the ADA, what can you do?

Some reasonable accommodations include restructuring the job, modifying schedules, revising training materials, or providing assistance. If an employee needs to see a counselor during business hours, you should let them take time off. If you don't have a formal employee assistance program, you, as the business owner, will have to figure out what makes sense.

The good news is that between 70 and 90 percent of people with a mental illness can function with medication, talk therapy, and other support, according to the National Alliance on Mental Illness.

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