Employers have an important role to play in addressing an age-old problem that has only gotten worse because of the stay-at-home orders governments issued with the aim of controlling the spread of the Coronavirus: domestic violence.
“While the COVID-19 pandemic is first and foremost a public health crisis, it also profoundly impacts virtually every aspect of society. One perhaps unanticipated effect of the pandemic and the corresponding shelter-in-place and stay-at-home orders is a marked increase in domestic violence worldwide,” point out David C. Gartenberg and Adam Joshua Fiss, attorneys with the law firm of Littler Mendelso
Reports also have proliferated concerning notable increases in personal alcohol consumption, drug use, suicide and aggravation of existing mental illnesses.
Over the years, many studies have shown that unemployment and economic hardship are strongly correlated with increases in abusive behavior towards spouses, children and the elderly. “Compounding these economic factors are the widespread stay-at-home orders blanketing much of the globe,” Gartenberg and Fiss say. “While these orders may help slow the spread of COVID-19, the forced confinement to the home increases the odds for an incidence of domestic violence to occur.”
Earlier studies also have found that domestic violence increases when families spend more time together, such as during the Christmas holidays and summer vacations. As a result, it is no surprise that French law enforcement agencies have reported a 30% jump in domestic violence cases since sheltering in place began in that country, for example.
Another contributing factor today is that these stay-at-home orders also hinder victims’ ability to seek help to deal with violence. Victims often need to be alone, such as when a partner leaves to go to work, in order to have an opportunity to obtain the help they need. Those chances to be alone have now dwindled.
They also have more limited outlets in which to seek help because many courts have temporarily barred in-person hearings, such as to obtain a restraining order, and most domestic violence counseling services are operating on remote bases and facing the same economic crunch as other organizations and agencies are experiencing in much of the country.
“All of this creates a perfect storm for domestic violence to not only increase in frequency, but also to go unchecked,” the attorneys note. Employers have had to shoulder a lot of new responsibilities and liabilities since the COVID-19 pandemic began, so it helps to know how you need to react to this expanding risk.
What You Can Do
The most important thing employers can do is to simply be aware of the increased risk of domestic violence, and make sure that their employees who may become victims are similarly kept informed about any resources their employer may provide, according to Gartenberg and Fiss.
For example, many employers maintain employee assistance programs (EAPs) that provide confidential counseling for employees. EAPs are likely of utmost importance now and it may be a good time to remind employees of their availability. Depending on the circumstances, some employers may also choose to provide information to local domestic violence support groups or entities that provide assistance to victims of domestic violence that can include financial resources and temporary housing.
To the extent that an employer has implemented a domestic violence policy, the attorneys say managers should make sure they are fully knowledgeable about what accommodations domestic violence victims can access given the increased likelihood that it may come into play.
It is important to keep in mind that more than 20 local and state jurisdictions have adopted paid leave laws covering absences that are taken for reasons related to domestic violence, even if the employee works remotely. Some of these laws allow abuse victims, for example, to take protected time off to seek safe housing, obtain treatment for psychological or medical issues, or seek an injunction for protection. (Several states adopted or are considering laws that allow employees to take leave for any reason.)
Currently, at least 23 states and multiple municipalities also have specific statutes separate from mandatory sick leave law providing protection to employees who are victims of domestic violence. The laws vary by which employers are covered and what specific rights employees have, but at their base level, all allow an employee to avoid employment-related consequences due to being a victim of domestic violence.
At the federal level, the Family and Medical Leave Act does not address domestic violence directly, but it does allow for unpaid time off for employees to tend to their own serious illness or the medical condition of an immediate family member, including domestic violence-related illnesses or injuries. (Immediate family applies to spouses, parents and children, not to siblings).
The Coronavirus Aid, Relief and Economic Security (CARES) Act, passed by Congress and enacted on March 27, provides $45 million in additional funding for domestic violence services through the Family Violence Prevention and Services Act, and an additional $2 million for the National Domestic Violence Hotline.
On April 13, a bipartisan group of 41 U.S. Senators sent a letter to the Senate leadership urging that any future legislation to address the ongoing COVID-19 pandemic provides funding to support victims and survivors of domestic violence and sexual assault.
“Of course, like almost everything involving COVID-19, uncertainty reigns,” observe Gartenberg and Fiss. “Employers should remain cognizant of actions taken at the state and federal level to ensure they are complying with all applicable legal obligations, and, of course, so that employees who may be victims of domestic violence are supported.”
