State of New York
Domestic Violence Policy
Sample Language: Policy Statement
Domestic violence permeates the lives and compromises the safety of thousands of New York State employees each day, with tragic, destructive, and often fatal results. Domestic violence occurs within a wide spectrum of relationships, including married and formerly married couples, couples with children in common, and couples who live together or have lived together.
Domestic violence is defined as a pattern of coercive tactics which can include physical, psychological, sexual, economic and emotional abuse perpetrated by one person against a family or household member, with the goal of establishing and maintaining power and control over the victim. It is not a private matter. In addition to exacting a tremendous toll from the individuals it directly affects, domestic violence often spills over into the workplace, compromising the safety of both victims and co-workers and resulting in lost productivity, increased health care costs, increased absenteeism, and increased employee turnover.
Therefore, (Agency name), to the fullest extent possible without violating any existing rules, regulations, statutory requirements, contractual obligations or collective bargaining agreements, designates and directs appropriate management, supervisory, and/or human resources staff to implement the following guidelines.
Definitions
For purposes of this policy, the following terms will be defined as follows.
Domestic Violence: A pattern of coercive tactics, which can include physical, psychological, sexual, economic and emotional abuse, perpetrated by one person against a family or household member, with the goal of establishing or maintaining power and control over the victim.
Family or Household Member: Includes persons related by consanguinity or affinity; persons legally married to one another; persons formerly married to one another; persons who have a child in common, regardless of whether such persons are married or have lived together at any time, and unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household.
Abuser: A person who perpetrates a pattern of coercive tactics which can include physical, psychological, sexual, economic, and emotional abuse against a family or household member, with the goal of establishing or maintaining power and control over the victim.
Victim: The person against whom an abuser directs coercive and violent acts.
Domestic Violence Service Provider: Agency or staff member of an agency that primarily or exclusively provides comprehensive services to victims of domestic violence, including residential programs licensed by the NYS Office of Children and Family Services.
Guidelines
I. Employee Awareness
Increase awareness of domestic violence and inform employees of available sources of assistance.
II. Non-Discriminatory and Responsive Personnel Policies for Victimized Employees
Ensure that personnel policies and procedures do not discriminate against victims of domestic violence and are responsive to the needs of victims of domestic violence.
III. Workplace Safety Plans
Have in place workplace safety response plans and provide reasonable means to assist victimized employees in developing and implementing individualized workplace safety plans, consistent with existing collective bargaining agreements, statutes and regulations.
IV. Accountability for Employees Who Are Offenders
Hold accountable employees who engage in the following behavior: (1) misusing state resources to commit an act of domestic violence; (2) committing an act of domestic violence from or at the workplace or from any other location while on official state business; or (3) misusing their job- related authority and/or state resources in order to negatively affect victims and/or assist perpetrators in locating a victim and/or in perpetrating an act of domestic violence.
V. Firearms (Note: only for applicable agencies)
Pursuant to New York State and federal law, a person convicted of a domestic violence-related crime or subject to an order of protection, under certain circumstances, forfeits the right to legally possess a firearm or long gun. Additionally, federal law contains prohibitions relating to shipping, transportation, or receiving firearms or ammunition.
VI. Training
Make training on domestic violence and its impact on the workplace available on a regular basis for all managers, supervisors, employee assistance professionals, human resources personnel, and security staff. Training shall be strongly encouraged and made available to union and labor representatives.
VII. Management/Supervisory Responsibility
(1) Examples of "actions that may protect abusers from appropriate consequences for their behavior" include, but are not limited to, withholding from or providing false information to supervisors or other authorities; destroying or tampering with evidence or documentation of an abuser's act(s) of domestic violence; assisting an abuser in filing false claims against the victim; and failing to report violations of employer policy or of the law.