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Administrative Policies and Procedures

Administrative Policies and Procedures


Title: Domestic Violence in the Workplace

Document Code No.: PER 18-5 (AEP)
Department/Issuing Agency: Office of Human Resources Management
Effective Date: February 1, 2002
Approved: /s/ Ron Sims
Type of Action: New


1.0 SUBJECT TITLE: Domestic Violence in the Workplace

1.1 EFFECTIVE DATE: February 1, 2002

1.2 TYPE OF ACTION: New

1.3 KEY WORDS: Domestic Violence, Workplace

2.0 PURPOSE: King County will not tolerate acts of domestic violence in the workplace.

3.0 ORGANIZATIONS AFFECTED: All Executive branch departments, offices, divisions and agencies.

4.0 REFERENCES:

4.1 PER 18-1 (AEO) Domestic Violence in the Workplace.

5.0 DEFINITIONS:

5.1 "Domestic Violence" means: (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another, or (c) stalking as defined in RCW 9A46.110 of one family or household member by another family or household member.

5.2 "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

5.3 "Dating relationship" means a social relationship or a romantic nature. Factors that may be considered in making this determination include: (a) The length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties.

5.4 "Workplace" is defined as County facilities, County vehicles, County premise, employer-sponsored events, or while conducting county business. Telecommuting work sites are not included in the definition of "workplace" for purposes of this policy.

6.0 POLICIES:

6.1 The County will not tolerate domestic violence in the workplace.

6.2 The County will make reasonable efforts, when circumstances of domestic violence are known, to:

6.2.1 Take precautions to prevent incidents of domestic violence in the workplace.

6.2.2 Take measures to address the safety and security of employees in the workplace.

6.2.3 Encourage the employee who is a victim of domestic violence to seek assistance and provide referrals, as appropriate.

6.2.4 Post information about domestic violence and available resources in County buildings where appropriate

6.3 The County shall take corrective or disciplinary action up to and including termination against the employee in cases where there is cause to believe the employee:

6.3.1 Used County resources to perpetrate domestic violence; or

6.3.2 Threatened, or committed an act of domestic violence in the workplace.

6.4 The fact that an employee is or has been a victim of domestic violence shall not subject the employee to penalty or discipline. However, employee victims of domestic violence can be subject to regular personnel policies and disciplinary procedures.

6.5 The County shall ensure that managers, supervisors and human resource professionals receive information on domestic violence.

7.0 PROCEDURES:

Action By Action
Employee 7.1 Employees who are the victim of domestic violence are encouraged, as appropriate, to take the following steps:
  7.1.1 If imminent danger exists, call 911.
  7.1.2 Ask for assistance from a trusted supervisor, manager, or human resources professional.
  7.1.3 Notify the supervisor, manager, or human resources professional of any safety or security concerns related to your employment, including your work assignment or workstation.
  7.1.4 Contact the Employee Assistance Program and/or other resources for assistance.
  7.1.5 If a court order has been issued that prohibits the perpetrator from contacting the employee as a result of domestic violence, provide a copy of the order to the supervisor, manager, or human resources professional. Submit a recent photograph or detailed description of the perpetrator to the supervisor, manager, or human resources professional.
  7.2 Employees who believe they have witnessed or learned of domestic violence in the workplace are encouraged to notify a manager, supervisor, or human resources professional.
Manager/Supervisor 7.3 If you are a manager or supervisor and you become aware that an employee is a victim of domestic violence, take the following steps, as appropriate:
  7.3.1 If imminent danger exists, call 911.
  7.3.2 First, consult with the Employee Assistance Program or your department's human resource professional for advice and assistance in developing a strategy for approaching the victim and, if necessary, offering assistance.
  7.3.3 Where appropriate, develop a workplace safety plan in consultation with the employee who is a victim of domestic violence, the Employee Assistance Program, the human resources professional, or other appropriate resources.
  7.3.4 Encourage the employee who is a victim of domestic violence to seek assistance from the Employee Assistance Program and/or other resources.
  7.3.5 For safety or security reasons, or to allow an employee who is a victim of domestic violence to obtain assistance, provide reasonable accommodation when requested, including but not limited to the following:
  7.3.5.1 Adjust or change the employee's work schedule;
  7.3.5.2 Change the employee's work site;
  7.3.5.3 Grant accrued or unpaid leave within the provisions of the Personnel Guidelines to allow employees who are victims of domestic violence to obtain medical treatment counseling, legal assistance, to leave the area, or to make other arrangements to create a safer situation for themselves;
  7.3.5.4 Other accommodation as may be deemed reasonable by management.
  7.3.6 If provided with a current court order prohibiting the perpetrator from contacting the employee victim, take reasonable measures to facilitate compliance with the order within the workplace.
  7.3.7 To the extent possible, treat information about an employee victim, including the victim's whereabouts, as confidential. Where necessary, apply restrictions to internal telephones, electronics, information, department and county publications, etc.
  7.4 If you are a manager, supervisor, or human resource professional and you become aware of an employee who is a perpetrator of domestic violence in the workplace, take the following steps, as appropriate:
  7.4.1 If imminent danger exists, call 911.
  7.4.2 Take steps provide for the safety of persons present in the workplace.
  7.4.3 If you have reason to believe a crime has been committed, call the police and cooperate with any police investigation.
  7.4.4 Conduct an employment investigation in instances where it will not interfere with a police investigation.
  7.4.5 Upon completion of the employment investigation, impose discipline as warranted.
  7.4.6 Provide referrals to the Employee Assistance Program and other resources, as appropriate.

8.0 RESPONSIBILITIES:

8.1 Human Resources Management shall be responsible for (1) dissemination of this policy; (2) providing information and training on issues of domestic violence in the workplace; and (3) posting information about domestic violence and available resources in County buildings where appropriate.

9.0 APPENDICES:

Domestic Violence Resources:

Emergency Phone Numbers:  
Law Enforcement 911
Domestic Violence Referrals for Victims:  
Washington State Domestic Violence Hotline 1-800-562-6025
Legal Resources:  
Protection Order Advocacy Program  
Seattle, King County Courthouse
     Room E223
(206) 296-9547
(206) 205-6198 TTY
Kent, Regional Justice Center
     Suite 2B
(206) 205-7406
Employee Assistance Program (206) 684-2103

Domestic Violence Web Sites:  
www.metrokc.gov/dvinfo/
www.metrokc.gov/proatty/index.htm
 
Domestic Violence Recorded Information Phone Line (206) 205-5555

 

NOTE: This policy does not create an employment contract or term or limit the reasons for dissolution of the employment relationship. This policy does not constitute an express or implied contract, and is simply a general statement of King County policy, which cannot form the basis for a private right of action.

 

Updated: January 11, 2002


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