Victimization and Employment:

Practical Steps

September 24, 2014

Lydia Diaz, LMSW, Educator

Ulster County Crime Victims

Assistance Program

Introduction

Focus of today’s discussion will be on:

• Victimization outside the workplace

• Facts about domestic violence

• How employees can be protected

• Resources in the community

Crime victimization - types

• Physical (Assault, including sexual assault and hate

crimes)

• Verbal/Psychological (Stalking, bullying & other forms of

intimidation, slander)

• Financial (theft/damage of property, money scams)

• Domestic Violence (which can encompass all of the

above)

• Employment Discrimination

Impact of victimization on the

workplace

• Decreased employee productivity

• Increased medical costs/turnover

• Costs of re-training replacements

• Costs associated with heightened security

• Costs associated with Temp Agencies

• Impact on morale/sense of security

• Increased anxiety/stress

Organizations designed to

protect employees

Department of Labor divisions, which include:

• Division of Labor Standards

• Bureau of Public Works

• Worker Protection Bureau

Division of Human Rights

Occupational Safety and Health Act (OSHA)

Law Enforcement

Court System/Advocates

Crime Victims’ Assistance Programs

Domestic violence statistics

• In 2013, there were approximately 960,000 domestic

violence incidents, amounting to $5.8 billion in healthcare

costs.

• Only about 1 in 4 women (and 1 in 6 men) report

domestic violence to the police.

• Young women (20-25) are at highest risk for intimate

partner violence.

Reference: U.S. Department of Justice, Bureau of Justice Statistics, June 2013

Domestic Violence and the Court

System

• Domestic violence victims can call 911 and file a complaint with the

local police on the day of the incident. Some victims end up in the

Emergency Room, and later go to police to give a statement.

• Many victims either do not file a complaint with the police or they

refuse to go forward with criminal prosecution for whatever reason.

• Domestic violence victims can also go to Family Court to request

Orders of Protection and to file child support & visitation petitions.

They can also choose to file in both Family Court and Criminal Court.

• There are 39 Domestic Violence Courts throughout New York State,

which work closely with advocates, the Family Violence Unit, and

police to move these cases through the system as quickly as possible.

What is the employer’s

responsibility?

• Public employers must adhere to the Dept. of

Labor’s Workplace Violence Prevention

Requirements and have a Safety Plan in place.

Training must be provided yearly.

• Private employers are responsible for

maintaining a safe workplace that adheres to

OSHA guidelines.

Domestic Violence &

Discrimination

• Many victims won’t reveal to their bosses that they are victims of domestic

violence for fear of being fired.

• An employer cannot discriminate against, fire, or refuse to hire a DV victim

based on this criterion alone.*

• An employer can be held liable if an employee is victimized while on the job,

if they were aware of the situation, but they took no action, or if they did not

put a safety plan in place. (See OSHA General Duty clause.)

• Blatant discrimination on the part of an employee against a DV victim can be

difficult to prove. For this reason, many DV victims prefer to remain silent, or

to find other employment. This can be very disruptive to a family.

*NY Exec Law 296(1)(a)

Domestic Violence & Discrimination

(cont’d)

• If a victim must miss days at work to testify at a trial, meet

with an attorney, obtain an order of protection, etc., their

employer cannot fire them on the basis of this alone. If

this occurs, a victim may file a complaint with the NYS

Division of Human Rights (Albany office: 518-474-

2705/07 or go to: http://www.dhr.ny.gov/how-file-

complaint

• It’s important for a victim to adhere to their employer’s

policies regarding personal and sick time if they choose

not to inform their employer that they are a DV victim.

Resources for Victims

• DV Shelters/Emergency housing

• Legal Aid attorneys, Ulster County Assistant District

Attorneys

• Crime Victims’ Assistance Program

• Employee Assistance Programs/Counseling

• Police/Sheriff/State Trooper

• Hospitals/SANE Unit

• Hotlines

Victims can receive:

• Unemployment benefits (in most cases) if they must leave their jobs

as the result of a domestic violence incident.***

• Emergency housing assistance (through Ulster County Department

of Social Services) if they qualify.

• Reimbursement through the Office of Victims Services to recover lost

wages, medical expenses, counseling, damaged/stolen essential

personal property.

• Notification when a perpetrator is served with an Order of Protection

or when he/she is released from jail.

***NYS Office for the Prevention of Domestic Violence, “Unemployment Benefits for Domestic Violence Victims: FAQs”

Victims have the right to:

• Receive a copy of the Domestic Incident Report on the

day that such an incident is reported to the police.

• Complete a Victim Impact Statement for the court if they

so choose.

• Choose not to go forward with prosecution on a case. In

some instances, however, a perpetrator will be

prosecuted with or without their cooperation (e.g. child

sexual assaults, where a felony has been perpetrated.)

Signs of Victimization

• Absenteeism/repeated tardiness

• Reduced productivity

• Excessive use of medical services

• Changes in behavior (avoidance, isolation,

hyper-vigilence, anxiety, tearfulness, anger)

• Bruises, welts or other unusual marks

What can co-workers do?

• Be supportive and non-judgmental.

• Acknowledge feelings of guilt, fear, grief, denial, etc.

• Recognize that it can be difficult for a victim of domestic

violence to leave an abusive relationship.

• Don’t share information without that person’s permission.

• Refer them to an appropriate agency (hotline, victim’s

shelter, police, crime victims) if they ask for help.

What can employers do?

• Be supportive of victims of violence.

• Have an Employee Safety Plan in place.

• Create a Domestic Violence in the Workplace policy. (Only about 30% of US

companies have such a policy in place.**)

• Allow employees to flex their time or change their work schedule.

• Allow for paid/unpaid leave.

• Provide security escort to a victim’s car if requested.

• Create a sick bank which is accessible to victims of violence.

• Provide training to Managers, Supervisors, Security, and Human Resources

staff.

** Society for Human Resource Management.

Crime Victims Assistance Program

• Funded by the Office of Victims Services and the U.S. Department of

Health.

• Begun in 1979 in Ulster County.

• Provides advocacy for all victims of crime.

• Provides a 24-hour hotline manned by trained volunteers.

• Volunteer training (Rape Crisis Counselor Certification) 2x/year.

• Accompaniments to police stations, courtrooms, and the hospital.

• Referral of victims to appropriate service providers.

• Assistance with VIS, OVS reimbursement, and NY-Alert registration.

• Priority is given to the needs of the victim.

Crime Victims Assistance Program (cont’d)

• Collaboration with local agencies (Family of Woodstock,

RUPCO, DSS, Child & Family Advocacy Center, District

Attorney’s Office, Police Departments)

• Bilingual (English/Spanish) advocacy available.

• Presentations in the community on Teen Dating Violence

Prevention, Healthy Relationships and Sexual Assault

Prevention.

• Member of Domestic Violence Council, DWI Task Force,

Elder Abuse Task Force.

• Support groups for women

Upcoming Events:

• Domestic Violence Forum – October 17

from 8:30 am – 12:30 pm, SUNY Ulster

• Let’s Talk About It II – Meeting the needs

of underserved victims – November 5, from

9 am – 11:30 am – Fair Street Church

List of Resources:

• Family of Woodstock (www.familyofwoodstockinc.org)

• Washbourne House (DV shelter). Hotline: 338-2370

• Crime Victims Assistance Program: 340-3443 (Office)

Website: http://www.ulstercountyny.gov/cvap

FB page: http://www.facebook.com/uccvap (English)

FB page: http://www.facebook.com/uccvaps (Spanish)

• Crime Victims 24-hour Hotline: 340-3442

List of Resources (cont’d)

• Ulster county District Attorney: 340-3280

• Family Court: 340-3600

• Legal Services of the Hudson Valley: 877-574-8529

(Intake)

• OSHA Regulations: https://www.osha.gov/law-regs.html

• Ulster County Human Rights Commission: 340-3147

(provides NYS Division of Human Rights complaint form)