Employment and
Labor Law Team

Leader:Tamsen Leachman
Justin Aida
Bob Allen
Tim Bernasek
Jack Cooper
Dan Drazan
Elizabeth Knight
Irene Scruggs
Renee Stineman

FEB 2010

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New Law in 2010 Addresses Domestic Violence and the Workplace

The statistics regarding domestic violence in Oregon and nationally are staggering.  According to the Bureau of Labor and Industries, every nine seconds in the U.S., a man beats a woman.  In Oregon, crisis service hotlines annually receive more than 50,000 emergency calls and 37,000 non-emergency calls from survivors of domestic violence. In the U.S., one in three women experience violence by an intimate or ex-intimate partner in their lifetimes.  Contrary to popular opinion, studies show that battered women are more likely to be employed than not. Spousal abuse occurs at workplaces with surprising regularity.  Now is the time for Oregon’s employers to recognize the degree to which this impacts their workforce and their bottom line.

Making the Legal Case for Change

Many employers struggle with the issue of domestic violence.  While things are changing, this issue still carries a degree of secrecy and stigma.  It is a big issue, and one that blurs the line between work and personal lives.  Employees who are victims of domestic violence may escape it temporarily while at work, but they remain victims even so.

Realistically, Oregon employers have no choice but to confront this issue.  In May 2007, Oregon adopted the Domestic Violence Victims Leave Law.  This law applies to Oregon employers of six employees or more.  It requires that employers provide employees unpaid time off to deal with issues arising from being a victim of domestic abuse, rape or stalking.  This leave is for employees

• who have worked an average of 25 hours or more per week for at least 180 days immediately before taking leave, and
• are victims of domestic violence, sexual assault or stalking, or
• are parents of victims.

Under this law, employees may take reasonable leave for any of the following purposes:

• to seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or the employee's minor child dependent;
• to seek medical treatment for or to recover from injuries caused by domestic violence, sexual assault or stalking;
• to obtain, or to assist a minor child or dependent in obtaining counseling from a licensed mental health professional or services from a victim services provider; and
• to relocate or take steps to secure an existing home to ensure the employee’s own or the children’s health and safety. 

With the passage of Oregon Senate Bill 928 in 2009, as of Jan. 1, 2010 Oregon employers with one or more employees took on additional responsibilities in this area.  Specifically, employers are prohibited from refusing to hire or discriminating against a victim of domestic violence, sexual assault or stalking because of this status.  In addition, employers must provide reasonable safety accommodation to these victims unless doing so would create an undue hardship on the operation of the business.  Accommodations may include, among other things:

• transfers to a position or location
• reassignments
• modified schedules
• unpaid leave of absence
• changes to work telephone number
• changes to workstation
• installation of locks or other devices
• implementation of safety procedures or any other adjustments to job structure, workplace facility or work requirement in response to actual or threatened domestic violence

The list above is provided in the statute and is not meant to be exhaustive.  It is important that businesses recognize that, like other reasonable accommodation obligations, these situations require case-by-case assessment.  It is also critical to recognize that the employee is the one in the best position to understand what is required to ensure safety.  Accordingly, it is better to err on the side of honoring requests designed to protect employees. 

If you have questions about this new law, please contact Tamsen Leachman at Dunn Carney.