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In the previous article of this topic series, we addressed the fact that workplace domestic violence can pose a serious safety risk to employees, and also that it can be cause for employer liability. Now, let us consider some proactive measures to guard against this threat in the workplace.

How Can Employers Address the Problem?

When an employer has knowledge of direct threats against an employee, the employer can be held liable by not taking what a jury thinks are reasonable steps.

It is impossible to prevent all crime and sometimes, sadly, there is nothing an employer can do to prevent an employee from being a victim of domestic violence brought to the workplace. Here are some possible approaches to the problem, however.

Training Can Make a Difference

In an effort to improve the chances of avoiding violence or managing it successfully, some employers provide training for their workforce on domestic violence issues.

Training should include information about the signs of domestic violence, how it impacts the workplace, a list of available law enforcement services, and a list of counselors. Urge victims to report domestic violence to HR or the employee assistance program counselor, and encourage co-workers to report suspicions of it, too. Make sure you maintain the confidentiality of counseling referrals.

Training can have a positive impact. In a 2000 employer survey study by B.Y. Urban at the University of Illinois, a factory employer reported that after training the workforce on domestic violence, the rate of employees asking for workplace counseling increased significantly. And, before a group of 40 abused employees began using those counseling services, their absenteeism rate was higher than the factory’s average rate. After getting counseling, the group’s absentee rate fell to the norm.

Have a Violence Prevention and Response Policy

Each workplace has a unique physical design, so a workplace violence prevention and response policy should be individually tailored to reflect that physical design. A key provision of your policy is to take all threats seriously. For example, all your employees should be trained regularly on the policy and practice procedures for a lock-down. You may want to work with a management consultant who specializes in workplace violence prevention who can assist in crafting a plan that fits your workplace.

Make a Specialized Plan With the Victim

Consider working with the victim, and with his or her consent, with the supervisor, the employee assistance program, the legal department, security staff and law enforcement and domestic violence service providers to make a personal workplace safety plan for the victim. Ask the domestic violence victim how they think their workplace can be made safer—they, after all, know the most about their abuser.

All security personnel should be informed about the potential for violence and have a picture of the abuser. Screening the victim’s phone calls may help, as well as rotating work hours to create a less predictable schedule.

Victims should consider seeking a protective order that commands the abuser to stay away from the workplace. Some employers seek temporary restraining orders against individuals who make credible threats of violence, or who harass or stalk their employees. A protective order or temporary restraining order would prohibit the violent person from coming within a specified distance of the victim's home and workplace, as well as prohibiting personal and telephone contact. This order could allow the police to restrain and/or arrest the perpetrator—hopefully before violence occurs.

Consider the Safety of the Rest of the Workforce

In fashioning protection for a victim employee from a known threat, be sure to consider the safety and perceptions of the other employees, too. When co-workers find out about a domestic violence issues, morale can suffer. Co-workers may be fearful or distracted—perhaps even resentful of the victim. Co-workers may feel helpless or threatened.¹ However, with training, access to counseling, a strong policy, and improved security measures, the fears of all your workers can be lessened and your chances of domestic violence entering your workplace can be reduced.

¹Deming, J. Rescuing Workers in Violent Families. HR Magazine, 1991