The U.S. Equal Employment Opportunity Commission issued a memo to employers last year outlining their responsibilities when it comes to employees who are victims of domestic violence. The EEOC warned employers that while discrimination against victims of domestic violence is not expressly outlawed by federal law, employers might violate the Americans with Disabilities Act or Title VII of the Civil Rights Act if they base employment decisions on the fact that a worker may be a victim of domestic violence.

For example, according to the EEOC, if an employer were to fire a female victim of domestic violence in order to avoid the drama she might bring into the workplace, this could possibly be an illegal form of sex discrimination. While anti-discrimination laws and the ADA might provide some employment protections to victims of domestic violence, lawmakers in New Jersey think that victims need more support from their employers and they have recently sent a bill to Gov. Chris Christie to accomplish just that.

The New Jersey Security and Financial Empowerment Act, also called the NJ SAFE Act, would provide extra leave rights to victims of domestic violence. The bill would afford employees with an extra 20 days off within the year following an incident of domestic violence.

The leave is meant to allow victims to seek medical care, safety planning, counseling and legal counsel. It would also allow victims to attend and prepare for court hearings as well as access services provided by victims’ advocates.

Leave rights for victims of domestic violence could represent a very important lifeline. Victims of sexual assault, stalking and domestic violence are not a protected class under federal anti-discrimination laws, as mentioned above; as a result, victims may sometimes be fired or face disciplinary action at work when they need to do vital things such as seek safe housing or legal guidance. New Jersey residents should not have to risk their employment in order to take necessary steps to protect their safety.

Domestic violence discrimination in the workplace is a very complicated issue. What is clear is that employers should work to support victims rather than further complicate their struggles.

Source: NJ.com, “N.J. Assembly grants approval for NJ SAFE Act for domestic violence victims,” Caitlin Wills, May 22, 2013