Last page edit 12/17/07

DOMESTIC VIOLENCE AND YOUR JOB 

You have the right to protect yourself on the job. Violence by an intimate partner can be a serious problem in keeping a job. A batterer may harass you at work or follow you on the way to and from the job. You may find yourself missing work due to injuries or the need to go to court.

• Your Legal Options
• How to Work With Your Employer to Develop a Safer Environment
• Safety Planning in the Workplace: Protect Yourself and Your Job (Legal Momentum) - A guide for women who are victims of domestic violence.
• Responding to Domestic Violence (a publication by the US Office of Personnel Management) - a detailed guideline of safety precautions a federal employee should take but it includes ideas for all employees.

A victim of domestic violence has certain types of legal protections in the workplace. You are protected legally from discrimination, wrongful termination, harassment, and various other wrongs. There are both federal and state laws that provide protection for victims of crimes in the workplace.  

Time Off From Work
If you need time off from work to seek medical attention and heal from a serious injury resulting from domestic violence you may be entitled to job-protected leave from work under the federal Family and Medical Leave Act.  The state of Maryland has adopted the federal Family and Medical Leave Act. A victim of domestic violence must meet certain requirements to be eligible for leave.  There is more information on-line on the Family and Medical Leave Act.

Disability Related to Domestic Violence
You may qualify for protection from discrimination and wrongful termination or a reasonable accommodation in the workplace if you have a disability that was caused by domestic violence. A victim with a disability caused by domestic violence is protected under the federal Americans with Disabilities Act. 

Discrimination
If an employer treats male employees differently than female employees that employer may be in violation of Title VII of the Civil Rights Act of 1964. If an employer allows male employees time off work to attend family court or child support proceedings, but refuses to allow female employees time off work to seek protective orders from their batterers, the employer may be discriminating against the female employees because of their sex. 

If You are Forced to Quit
Employees who are forced to quit their jobs or who are fired from their jobs because of domestic violence may be eligible for unemployment benefits under the Maryland unemployment insurance system. Generally, employees who quit their jobs are not eligible for unemployment benefits (pdf) (this link takes you to Legal Momentum, a non-profit organization) unless they quit for “good cause” as defined in state law. Maryland law does not specifically define “good cause” to include a situation in which an employee leaves a job because of domestic violence. Maryland law does state that a court will use an objective standard to determine “good cause.” An objective standard is used to determine if the average employee would have left work in that situation and the court will also determine whether the particular employee left and had tried all reasonable alternatives before quitting.