While many states have taken action
to address the economic factors that keep survivors of domestic violence in
abusive relationships, current federal law does not expressly allow survivors
to take leave from work to deal with the abuse in their lives, nor does it
provide the right to unemployment compensation if they lose their jobs from
abuse-related circumstances.
In the last several Congresses, the
Security and Financial Empowerment (SAFE) Act has been introduced to promote
financial security for survivors of domestic violence. Last Congress, one
of the provisions of the SAFE Act, the National
Resource
Center
on Workplace Responses to domestic violence was included in the Violence
Against Women Act (VAWA Reauthorization). It is time for Congress to pass
the rest of this legislation.
On Wednesday, October 31, 2007, Rep. Roybal-Allard (D-CA) and Rep. Ted
Poe (R-TX) introduced three provisions of the SAFE Act as stand-alone
bills to make sure that domestic violence survivors have the financial
independence to break from their abusers, no matter what state they live in.
In addition, there are some important changes in order to more fully meet
the needs of both survivors and employers.
Job Protection for Survivors Act--HR 4015
- Allows a domestic violence survivor to take up to 15
days off from work to receive medical attention, to seek legal assistance,
and to get help with safety planning.
- Allows a survivor to take leave to participate in court
proceedings related to the abuse for the duration of the trial.
Protects employees from being fired because they were harassed by their
abuser, obtained protective orders, participated in the criminal or civil
justice process, or sought modifications at work to increase workplace
safety in response to domestic or sexual violence.
- Requires employers to make reasonable safety
precautions or job-related modifications unless doing so would impose
an undue burden on the employer.
Insurance
Non-Discrimination for Survivors Act--HR 4014
- Prohibits employers or insurance
providers from basing hiring or coverage decisions on a victim’s history
of abuse.
Unemployment
Insurance for Survivors Act--HR 4016
- Ensures that survivors can
retain the financial independence necessary to leave their abusers without
relying on welfare by requiring that states provide unemployment benefits
to those terminated due to circumstances stemming from domestic
violence.
“While physical and psychological
consequences are the most obvious results of domestic violence, victims also
suffer economically,” Congresswoman Lucille Roybal-Allard said. “One of the key
reasons victims stay with or return to their abusers is because they are
financially dependent upon them. In order to break this cycle of dependence and
abuse, I have introduced these bills to provide victims of domestic violence
with greater employment protections and increased economic stability.”
Congressman Ted Poe said,
"Victims of domestic violence have already suffered enough abuse at the
hands of their batterers. They should not be victimized by their employers as
well. These bills institute policies and provisions that allow domestic
violence victims to seek the help they need to end the abuse without fear of
losing their jobs or fear of being denied employment. These are essential
pieces of legislation that need to be enacted swiftly for the sake of all
domestic violence victims and survivors."
