Employment Protection and Domestic Violence: Addressing Abuse in the Labor Grievance Process

Abstract

The effects of domestic violence are not limited to the home environment. Its effects are felt in employment when abused employees are absent from work and when violent incidents erupt in the workplace. For example, a bruised employee might be too injured and embarrassed to attend work, or an estranged spouse might stalk and harass a victim on the job. Another issue arises in that employers often discipline victims of domestic violence for absenteeism and incidents of violence that occur in the workplace. Discipline of union members is governed by collective bargaining agreements and subject to the labor grievance process. These grievances often end in arbitration, where the union represents the battered employee. Because of this occurrence, employers, unions, and arbitrators must be educated about domestic violence to ensure victims of abuse receive adequate job protection