Great Lakes Wire

The Netflix show, Baby Reindeer, is a fictionalized story based on a real-life stalking incident. It tells the story of a struggling comedian, Donny Dunn, who meets a woman named Martha in a pub where he works as a bartender. Martha then begins harassing and stalking Donny, his friends, and his family, turning his life upside down. In real life, there are employment laws that address stalking and/or domestic violence situations involving employees, and it’s important that employers are aware of them.

Various state laws have emerged to protect employees who are victims of domestic violence, sexual assault, or stalking, as well as those who support family members who are victims. The specifics of these laws differ greatly across states. For instance, California offers extensive protections whereas Texas provides minimal support.

Generally, these laws fall into four different categories:

- Anti-discrimination protection: Prohibiting certain employers from discriminating or retaliating against victims of sexual assault, domestic violence or stalking in certain terms and conditions of employment.

- Reasonable accommodations: Allowing employees to change their work schedule, work phone number or job assignment or changing and installing new locks or other safety measures.

- Leave or other time off: For court appearances; to obtain mental or physical health care; to obtain services from a victim services organization; or to relocate.

- Unemployment insurance: Most states will not disqualify an employee from unemployment if they had to quit their job due to domestic violence.

There are some laws in Michigan that may apply to employers including:

Paid medical leave:

Employers cannot require employees to disclose details about domestic violence or sexual assault as a condition of receiving paid medical leave. Employers must also keep any health information or other details about domestic violence or sexual assault confidential and can only disclose it with the employee’s permission.

Employee leave:

Employees may be entitled to use leave if they or a family member are victims of domestic violence, sexual assault, or stalking. This leave can be used for various reasons including seeking medical attention; getting services from a victim services organization; getting psychological counseling; relocating; taking legal action.

Should you become aware that an employee is a victim of domestic violence, sexual assault or stalking here are some best practices:

- Confirm that the employee is safe. If there is an immediate danger to the workplace always call 9-1-1.

- Familiarize yourself with the laws in your state to ensure you are providing the employee what they are entitled to under the law.

- Determine if there are any federal protections (such as FMLA) which may apply.

- Engage in an interactive process with the employee to determine if they have any specific needs that you can assist with as their employer.

- Be compassionate but also remember that you are their employer not their therapist pastor family friend.

- Be non-judgmental. Relationships between the abused and their abusers can be very complex. Do not judge the employee’s choices (if they choose share them).

- Refer employee your Employee Assistance Program for any benefits it may provide

- Treat issue confidential sharing only those “need know”.

By Heather Nezich courtesy SBAM-approved partner ASE Sources CCH/Ford & Harrison LLP

Click here for more News & Resources.