Job Hunt II: Action Steps for Employers

An excellent study done by Dr. Anne O’Leary-Kelly and Dr. Carol Reeves through the Sam M. Walton College of Business, University of Arkansas found clear evidence that domestic violence costs employers multi-billions of dollars each year, and accounts for millions of productive hours lost in the form of absenteeism in some cases, workplace distraction in most of the cases, and increased healthcare costs in nearly all cases.  Billions a year wasted because employees are getting beaten up the night before they have to go to work, or they’re sitting at their work stations wondering if he’s going to kidnap the kids today or be waiting in the parking lot to kill her after her shift. 

            Certainly a company could decide that it just isn’t worth the effort.  There may be a line of folks out the door waiting for the next job opening, and it might make prudent business sense to simply let a stalking victim go and replace her with somebody who will be there every day, will be focused when at work, and won’t drive up the company’s healthcare costs.  On the other hand, the University of Arkansas study also found that former victims of domestic violence were every bit as reliable once their situation had resolved successfully, and that the level of loyalty to the company rose significantly when the employer assisted in helping her achieve a safer, more secure life.

            I once dealt with two remarkably similar stalking cases, two of the very worst I’ve ever encountered, and both of them occurred within the same year.  In both cases the targeted women worked for the same employer but in different facilities.  The company for which they worked is one of the largest and most respected in our area, with a solid reputation for excellence within that industry.  Both were college-educated professionals with superb work histories, respected by their supervisors and colleagues, and both with career plans that included staying employed where they were and continuing an upward rise within that system.  One of the women had children, though from a different man than the one who almost took her life; the other one had children, but they were grown and off to college by the time her stalker began his pattern of torment. 

            In both cases the men in question relentlessly called these women, both of whom had broken up with them after violent episodes.  They both snuck into the respective places of employment and accosted co-workers of the women in an attempt to locate them within the buildings.  In both cases the security systems within the facilities and the police officers from my agency were utilized on several occasions.  In both cases the men had guns, binoculars and handcuffs, and one of the men had a set of night-vision goggles. 

            One of the women was eventually forced to leave her home because she never, ever felt safe there.  The other was forced to leave her home when an intentionally set fire destroyed it while she was at work one day.  We eventually arrested her stalker for arson along with several other offenses, but I have often wondered how she will ever feel completely safe again knowing that a man who once professed to love her was crazy and cruel enough to burn her home because she wouldn’t go on any more dates with him. 

            As similar as these stories are, they differed dramatically when it came to how the women were treated by their respective supervisors.  Remember that they both worked for the same employer.  The same person signed their paychecks, but they worked in two different locations under different supervisors. 

            In the first case, we found that the woman was completely and totally supported by her supervisor and co-workers.  If her stalker had come back into the building, I’m completely convinced that a vigilante group would have quickly formed, and the man would have been chased off the premises with pitchforks and torches.  She was given some time off to get her affairs in order after her house burned and for the times when she was expected in court.  She was offered counseling for herself and her children, her boss routinely checked on her spirits and safety plan, and she existed in a supportive cocoon-like environment for months while we investigated and sought prosecution. 

            In the second case, the woman was temporarily reassigned to a different facility.  She was not supported when she told her boss she needed time to go to protection order hearings or to meet with the prosecutor.  Some of her co-workers supported her, but others griped that they had to pick up the slack left by her because she was taking off too much time.  One vocal group decided that her stalker was probably going to hurt all of them and wondered why she was being allowed to stay if her presence was putting them all in peril. 

            Ironically, I later learned that one of the more vocal members of the group had previously taken half a year off for maternity leave, and another had threatened to sue the organization when there was talk of cutting back on paid cigarette breaks.  Sigh.

            Anyway, the woman was eventually forced out of her job.  Too bad, because she was highly specialized in her field and replacing her was something of a problem.  Nonetheless, she was given a severance package and a promise that she was eligible for re-hire as soon as her stalker went to prison or left her alone. 

            The silver lining in this story is that she found a higher paying job out of state and met a man who treats her like a queen, which is nice because she certainly deserved a break.  The stalker went to prison and the good guys won, but I occasionally shake my head as I remember her story and wonder how her employer could have done things differently. 

            The truly fascinating concept in the respective stories of these two women is that they worked for the same company but were treated vastly different.  Certainly there were variations between the individuals and their problems, but the basic story was the same for both of them.  If anything, the man stalking the woman who kept her job and was surrounded by supportive administrators and co-workers was the more dangerous of the two.  He burned his ex girlfriend’s house, for goodness sake. 

            Why then did one supervisor and facility respond with wrap-around services, and the other all but shove a valuable veteran worker out?  Frankly, I don’t have an answer, but I do know that inconsistency is a breeding ground for lawsuits, poor morale and communication deterioration.  

            One question that a company might ask of itself is whether or not an existing policy on workplace violence is enough to cover the specific issues related to domestic violence.  Most companies have some idea or plan for what management and staff will do if, say, a co-worker shows up to work and starts beating up somebody else.  Many companies, schools and government agencies now routinely consider what to do in case of a shooting incident or a bomb threat.  Is that enough to cover how a company should respond when an employee is being hunted and tormented by her ex boyfriend? 

            It may not be enough when a company has to deal with the potential landmines of domestic violence and stalking for a couple of different reasons.  Most policies and procedures adequately deal with what to do in the event of a violent episode or even a potentially violent incident such as a bomb threat.  What most agencies don’t address specifically, and what should be as crystal clear to all employees as possible, is what to do when a situation has the potential to get very hot, but has only reached a warm stage. 

            In other words, if a guy was attacking a woman in the parking lot, a number of things would likely happen right away, many of which were already dictated by policy or procedural guidelines.  Security would either intervene or get backup to assist the woman in trouble; someone would call the police; witnesses would give statements and everyone would document what they saw as part of the company record.  The very fact that an emergency was actually taking place invokes a certain amount of action, much of which has likely already been addressed in some form as part of the company’s policy and procedure dictates. 

            What if there is no emergency but the potential for one exists?  Yes, Security can be alerted, but what other preventive measures can be taken?  Under what circumstances should the police be called?  Does the employee need some type of assistance or counseling?  Does the company have any legal exposure or the potential for exposure?   

            If a victim hasn’t asked yet for help, does a company step forward and offer anyway?  What if she is still in love with him and resents what she perceives as a supervisor’s intrusions into her personal life?  Or what if she is afraid of him, but knows that she can always manage to calm him down better than her boss or some police officer possibly could? 

See how the questions just continue to grow?  It is the ambiguity in certain situations that confuses the issue because, again, you’re dealing with an extremely touchy situation on many different levels.  No wonder companies have traditionally shied away from getting into specifics when it comes to writing policy in this area.  That having been said, I think there are a few points that can be covered in a company manual that will help clarify an organization’s position in this area. 

• The company will become involved at some level if and when other employees may be at risk.
• The company will become involved, if only to learn more about the specific issues, when there is reason to believe the business’ enterprise is being jeopardized.
• The company will provide reasonable protection and security for an endangered employee.
• The company can provide information on services available to victims of domestic violence such as shelters, legal aid, medical care, criminal justice and police protections, transportation, and counseling, and do this in a discreet, compassionate manner.
• A company may choose to seek certain remedies for its own losses such as seeking prosecution in criminal courts for such offenses as threats, violent or destructive acts, trespassing and thefts
• A company may choose to seek certain remedies through civil courts such as torts for lost revenue and costs incurred when dealing with the ramifications of domestic violence and stalking that has encroached into the workplace itself
• A company may also choose to organize a Domestic Violence Response Team potentially comprised of personnel from such departments as Security, Human Resources, Legal, Medical, Employee Associations, Management, Training/Continuing Education, and Public Relations.  

This Domestic Violence Response Team (varying in size based on need, size of organization, etc.) can be tasked with various duties such as spreading the word about company initiatives in this area, training management and leadership about what is to be expected in a domestic violence situation, providing information about services to victims, arranging appropriate security measures for specific challenges, and establishing effective communication channels with area law enforcement agencies. 

One thing that should be made clear for members of such a team is that they are not being charged with solving all the problems.  Their primary task is to know what resources are available both inside and outside of the company, and to delegate specific tasks out to those services. 

In other words, members on a team such as this won’t be sitting on phones all day trying to find shelter for a woman who came into the home office crying because she knows she’ll be beaten when she goes home that night.  The team would have numbers to local shelters, and they would offer those numbers to the woman.  The Shelter staff is probably quite experienced at finding appropriate places for the woman to stay, and they’ll very likely follow up with her for other services such as counseling, medical care, legal advice, etc. 

Another example might be a woman who discloses to a co-worker that she is being stalked by her ex boyfriend and that the torment is resulting in her feeling deeply depressed.  Yes, Security needs to get involved, but wouldn’t it be nice to also have numbers for crisis hotlines or licensed therapists who can immediately address the problem and help this woman start feeling alive again?  This is an employee in crisis, not significantly different from one who is worried about serious health issues or going through some other personal issue such as divorce or financial problems. 

It is not an employer’s responsibility to handle the problem for the employee.  It may be, however, that an employer chooses to be supportive and offer various suggestions and services to good employees so that their people can get back on track and return to maximum effectiveness sooner.  Bottom line, this is a business decision, though it is one in which the lives of real human beings are interwoven.  Personally, I can’t stand the thought of some stalker making himself such a nuisance that an employer fires his ex girlfriend just to be rid of him.  It’s not fair, and it tends to perpetuate the pattern of abuse and terror in that the victim is left with even fewer options, resources and support than before.  I would much rather see employers suck it up and take some calculated, strategic risks for good folks, all the while working in partnership with local law enforcement, professional specialists within the company, social service agencies in the community, and the victim to create successful, safe, and even profitable solutions to the challenge at hand. 

For more information on how this translates into actual policy and procedure, visit the websites at www.caepv.org (Corporate Alliance to End Partner Violence) and www.endabuse.org.  There you will find excellent examples of how other companies have put their philosophical stand against domestic violence and their written declarations that they will stand firmly with employees suffering from domestic violence and stalking into actual practice.  End Abuse.org publishes a litany of resources and suggestions including sample policies that can easily be adapted for just about any company.  Here, for example, is a sample policy offered by End Abuse.org covering a general statement that could be used as the backbone for a more extensive policy: 

We are committed to providing information, resources and support for employees and management responding to employees’ domestic violence concerns in order to create a safe, productive workplace.  Our organization treats all employees fairly and will not discriminate against an employee in any employment actions (including recruiting, hiring, promoting, disciplining, or terminating) because the employee is or is perceived to be, a victim of domestic violence. 

To enable employees to seek assistance for domestic violence needs, we encourage management to respond to employees who are victims of domestic violence in an open-minded manner.  Respecting employees needs for confidentiality and self-determination whenever possible, we reserve the right to disclose limited information and take action when it is clearly necessary to protect the safety of our employees. 

End Abuse.org also makes suggestions for sample content on education and training, safety and security, how and when an employee can take leave such as sick, vacation or Family Medical Leave Act (FMLA) time, and procedures for including leadership and management in a domestic violence challenge. 

Frankly, they’ve already done a lot of the work, and any company, large or small, would likely benefit from some research time with this organization.  They also provide best-case examples and highlight above-and-beyond efforts by companies that are putting their money, time and resources where their mouths are when it comes to this issue. 

Domestic violence and stalking are clearly a bottom-line, profit margin concern for companies.  Six billion dollars lost a year in this country alone due to lost time, workplace distraction and medical costs, all associated with this one issue.  Companies are faced with a choice:  To get rid of an employee whose personal life and problems are intruding into the workplace environment, or to make a stand with a person going through a personal crisis and offer security, guidance, and support, all the while protecting the company’s interests and assets. 

It takes courage to launch and successfully run a business.  It also takes courage to stand shoulder to shoulder in a conflict and accept some of the brunt from the opposition so that one person doesn’t suffer all of the pressure, pain and fear alone.  I call upon that spirit of entrepreneurship and grit to incorporate proven methods and find innovative ways to support good workforces in this challenge.  I believe the reward will be a long-term, loyal employee and a safer workplace.