Protected at Work

An Act Relative To Employment Protections For Victims Of Abusive Behavior

Under Mass. law, employers can fire or deny employment to victims/survivors of domestic violence, sexual assault, stalking, sex trafficking, criminal harassment, and kidnapping for sexual purposes (“abusive behavior”) simply because of their status as victims/survivors.  The purpose of the Protected at Work Bill, H.2143/S.1294, is to prevent this and also to require employers to work with employees to help ensure a safe workplace where survivors can maintain their employment while dealing with the abuse.  The bill does this in three ways:

(1) it prohibits employers from discriminating against survivors of “abusive behavior” (which includes domestic violence, sexual assault, human trafficking, criminal harassment, stalking, and kidnapping for purposes of sex or trafficking),

(2) it requires employers to provide reasonable accommodations to employees who have experienced abusive behavior (or their families) to ensure safety in the workplace while helping the employee to be productive, and

(3) it amends the existing Domestic Violence Leave Law to ensure consistency in employer obligations and to extend protections to prospective employees. 

Reasonable Workplace Accommodations

A supportive workplace provides important security for survivors of abusive behavior. Sometimes survivors need small adjustments in their work schedules, work environments, or other work-related things to be able to continue to work. The Bill requires that employers provide these accommodations – just as they already provide them for workers with disabilities and pregnant and nursing workers.

Here are some examples of the types of reasonable workplace accommodations employers would have to provide to survivors in the workplace:

Schedule Flexibility:

An adjustment in work schedule to accommodate safe transportation arrangements for a child, parent, or sibling who has experienced violence-related trauma

A private place to speak or recover:

A private space in the workplace for a phone call with a family member, the police, a prosecutor or attorney, an advocate, or a healthcare or housing provider – similar to the private space employers provide for nursing mothers

Limited Time Off:

A limited, finite, defined period of time off to attend court hearings, counseling sessions, or medical or legal appointments or simply to work on recovering from the trauma.

Extended Breaks

An extended or additional break during work hours for a survivor to consult with the police, a prosecutor or attorney, an advocate, or a healthcare or housing provider. 

Safety Measures:

Implementation of a safety plan (which survivors often put together with advocates), a temporary change in location, or a change in locks. 

 

Cutting off abuser:

Changing the survivors’ contact information (phone number, email address) and/or removing survivor’s contact information from public spaces. 

View the Summary of Bill Now

Why the Bill is Needed

Victims of abusive behavior can be fired, or not hired, simply for being victims – and they often are.

The existing Domestic Violence Leave Law does not protect all workers.

Employers need, want, and should have clarity on how to ensure safe workplaces while helping victims of abusive behavior (and their family members) to remain employed.

Economic security is one of the key parts of breaking out of an abusive relationship.

Survivors should not be victimized twice.

Workplaces are safer when employers and employees work together to identify and address risks.

Who Needs Protection?

Everyone. Abusive behavior does not discriminate– it affects every demographic group and community and people of all ages, genders, and economic background.

Effects of abuse are wide-ranging, often with deep economic impact. Shockingly, between 21% and 60% of victims lose their jobs due to reasons stemming from abuse. Employment protections are urgently needed to break this cycle of vulnerability.

How You Can Get Involved

The Protected at Work (P@W) Coalition is dedicated to making a difference in the lives of survivors of abusive behavior. We’re proud of the work our coalition members do and appreciate their support. Together, we’re working towards a future where every survivor can thrive at work and in life.

 

Protected at

Work

An Act Relative To Employment Protections For Victims Of Abusive Behavior

The Protected at Work Bill, H.2143/S.1294, does three key things to help ensure a safe workplace environment where survivors can maintain their employment and productivity while dealing with the abuse:

(1) prohibits employers from discriminating against survivors of “abusive behavior” (which includes domestic violence, sexual assault, human trafficking, criminal harassment, stalking, and kidnapping for purposes of sex or trafficking)

(2) requires employers to provide reasonable accommodations to employees who have experienced abusive behavior, ensuring both safety and productivity

(3) amends the Domestic Violence Leave Law to ensure consistency in employer obligations and to extend protections to prospective employees. 

Reasonable Workplace Accommodations

A supportive workplace provides important security for survivors of abusive behavior. Sometimes survivors need adjustments in their work schedules, work environments, or other work-related things to be able to continue to work. The Bill requires that employers provide the types of accommodations and support survivors need to maintain their employment – just as employers already provide for workers with disabilities and pregnant and nursing workers.

Here are some examples of the types of reasonable workplace accommodations employers would have to provide to survivors in the workplace:

Schedule Flexibility:

For parents whose children have experienced violence-related trauma, like kidnapping or rape, the Bills allows for adjustments in work schedules to accommodate safe transportation arrangements, such as driving a child to school or appointments.

Extended Breaks

Survivors may need extended or additional breaks during work hours to consult with law enforcement, legal representatives, advocates, or healthcare providers. The Bills provide that they can take time to address their situation.

Limited Time Off:

An individual who has experienced domestic violence may need the flexibility to adjust their work hours to attend court hearings, counseling sessions, or medical or legal appointments to address their situation or to find alternate housing. This Bill ensures that they can maintain their job while seeking protection and help.

Safety Measures:

Survivors of stalking or harassment may require safety measures at their workplace, such as a change in their work location, additional security, or a change in their contact information to prevent the stalker from reaching them. These types of changes make the workplace safer for all and also help reduce distraction.

View Summary of Bills Now

Why the Bill is Needed

Victims of abusive behavior can be fired, or not hired, simply for being victims – and they often are.

The existing Domestic Violence Leave Law does not protect all workers.

Employers need, want, and should have clarity on how to ensure safe workplaces while helping victims of abusive behavior (and their family members) to remain employed.

Economic security is one of the key parts of breaking out of an abusive relationship.

Survivors should not be victimized twice.

Workplaces are safer when employers and employees work together to identify and address risks.

Who Needs Protection?

Everyone. Abusive behavior does not discriminate– it affects every demographic group and community and people of all ages, genders, and economic background.

Effects of abuse are wide-ranging, often with deep economic impact. Shockingly, between 21% and 60% of victims lose their jobs due to reasons stemming from abuse. Employment protections are urgently needed to break this cycle of vulnerability.

Our Coalition

The coalition is dedicated to making a difference in the lives of survivors of abusive behavior. We’re proud of the work our coalition members do and their enduring support. Together, we’re working towards a future where every survivor can thrive at work and in life.

Explore our coalition members or learn how you can get involved and help us in this crucial mission.