Federal Violence Act

Employers responsibility in regards to the VAWA Violence against women can be defined as any act of sexually or non-sexually oriented violence that results or is possible to result in physical, sexual and psychological trauma, irrespective of the environment it occurs. Every act of violence diminishes and destroys women's basic human rights and freedoms. Her nature is that of a caring nurturer, while men's character typically includes the desire to go into the marketplace and compete to win at his career.

The differences between men and women create the opportunity for women to be taken advantage of and/or suffer violence. The reauthorization of the Violence Against Women Act (VAWA) is a needed step toward protecting women in the workplace, and in society as a whole.

Complete with over $3.3 billion over the next five years for VAWA programs, the VAWA authorizes: 875 million for shelter services for battered women; 200 million to provide civil and legal services to victims of domestic and sexual violence; 925 million in Services for Training for Officers and Prosecutors (STOP) grants; 400 million to address violence against women on college campuses. (Nassar, 2000) The VAWA includes language which employers must also address as part of their day-to-day activities.

While there is some debate as to whether or not Congress out stepped it constitutional boundaries with all the ancillary powers and requirements it included in this bill, business owners need to be aware of how this law affects their affairs.

The Senate report attached to the act states that "Gender-based crimes and fear of gender-based crimes...reduces employment opportunities and consumer spending affecting interstate commerce." In order for Congress to legislate interstate commerce fairly, it must allow people to be able to work and spend as they should be able to. If a woman is afraid of being abused if she gets a job or spends money, it affects interstate commerce. Thus congress determined that the VAWA is constitutionally based and necessary for interstate commerce.

In the same way the bill would have no influence on society if it was not funded, the bill also would not be enforceable if it did not mandate specific behavior and reporting from employers, school, and other organizations which are directly affected when women suffer violence and abuse. Violence against women is a terrible crime. It destroys women's self-esteem, tears apart families, and destroys lives. Many times, it will lead to murder or other terrible crimes. The VAWA guarantees women a weapon to protect themselves from violent spouses.

Without this act, many women would be left incapable of getting any form of financial redress for the years of suffering and abuse they went through. If a woman endures years of abuse it is difficult for them if not impossible to return to a job or work in an office. So guidelines for employers were written into the act.

Specifically, Section #1207 of the act requires the Attorney General to: Conduct a national survey of plans, programs, and practices developed to assist employers and employees on appropriate responses in the workplace related to victims of domestic violence, stalking, or sexual assault. Not later than 18 months after the date of enactment, submit to Congress a report describing the results of that survey, which report shall include the recommendations of the Attorney General to assist employers and employees affected in the workplace by incidents of domestic violence, stalking, and sexual assault.

Much of the activity targeted by the VAWA is behavior that typically occurs during a relationship tangled in domestic violence, but is currently not illegal. For example, if a woman has a protective order in place against an offending partner, these orders often identify the personal home as the territory the abusive partner cannot approach. This leaves the work environment open territory for continued harassment.

(Thompson, 2003) Under the act, the employer is places in the position of "hall monitor" and must offer notification to law enforcement officials if the continued violence is brought to his or her attention. More importantly, the employer must not discriminate against a female employee who may be a victim of abuse or violence by terminating her. Situations involving domestic abuse and violence can adversely affect the woman's performance on the job. Incidents of violence can create excessive absenteeism.

In a case absent of abuse, these factors could be cause for termination. In the case of domestic abuse, if a woman lost her job due to the abuse she suffered at the hands of someone else, this would be making her an additional victim when her well being is already at risk. The VAWA also defines behavior that is considered violent, abusive, and discriminatory, including sexual harassment.

For today's business owner, conversation which was considered inappropriate a few years ago can now be grounds for legal action if the women feels violence, or threatened because of the conversation. Finally, the VAWA enjoins the attorney general to conduct a study at a state level regarding the interconnectedness between women who receive (or are denied) unemployment compensation and the occurrence of domestic violence. Specifically, the study is to evaluate laws regulation women separating from employment, and their subsequent receipt of unemployment compensation.

The purpose of the act is to make sure that women are not being doubly victimized by loosing a job, and being denied unemployment compensation. For the Human Resource manager, these studies will be the first wave of mandated involvement in the VAWA. Any compliance with the federal studies will have to be conducted on an organization wide scale. The proactive HR manager will plan commit meetings, and dig into any the records of any terminated employees that could have been related to domestic violence.

The company may have to redraft policies after the federal reports are digested which parallel the governments wishes. HR managers must also become more aware of the overall well-being of their staff. The presence of abuse on a workers life outside the workplace will likely give evidence to itself in some way in the work place. The organization needs to have an open door policy in word and practice so that victims of domestic abuse can come forward without fear of retribution.

When the attorney general conduct his investigations, he will.