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Workplace Violence

Statistics:

  • Rape and sexual assault comprise 2.1% of all workplace victimizations, accounting for an average of 36,500 incidents annually. (Duhart, D. Violence in the Workplace 1993-99, Bureau of Justice Statistics, 2002)
  • Rape and sexual assault were reported to police at the lowest percentage (24%) when compared to other violent crimes in the workplace. (Ibid)
  • In 2000, 36% of rape/sexual assault victims lost more than 10 days of work after their victimization. (Ibid)
  • It is estimated that 25% of workplace problems such as absenteeism, lower productivity, turnover and excessive use of medical benefits are due to family violence. (Employee Assistance Providers/MN)
  • 56% of battered women arrive an hour late for work 5 times a month. (Report on Costs of Domestic Violence, Victim Services of New York, 1987)
  • A study found that 74 percent of employed battered women were harassed by their partner while they were at work. (The workplace guide for Employers, Unions, and Advocates, Family Violence Prevention Fund, 1998)
  • Research suggests that 21-60% of intimate partner victims lose their jobs for reasons stemming from the abuse (McFarlane et al., 2000; Riger, Ahrens, & Blickenstaff, 2000; Shepared & Pence, 1998; Stanley, 1992; Wettersten et al., 2004; Zink & Sill, 2004)

In the United States, sexual harassment was not recognized by law until the mid-1970′s.  It was only in 1980 that the Equal Employment Opportunity Commission (EEOC) published a set of guidelines identifying harassment and hostile-environment harassment.  Six years later, the Supreme Court ruled for the first time that sexual harassment constituted a violation of the 1964 Civil Rights Act.  Now, as courts extend the definition of sexual harassment and penalize companies with punitive damages, some companies are being forced to listen to women’s demands for dignity in the workplace. 

In addition to harassment in the workplace, women are also prime candidates as victims of violence.  Few women walk alone at night without genuine fear for their safety.  There is growing evidence that crimes against women are rising the world over. For example, in Trinidad and Tobago, the number of men charged with rape increased by 134 percent between 1970 and 1980, even though the population rate rose by under 30 per cent in that time. (http://www.womenaid.org) In the United States, three out of four women will be victims of at least one violent attack in their lifetime.  U.S. Department of Justice Report. 

Sexual assault is the single most under-reported crime in most societies.  Nearly all sexual assaults are against women.  In the United States, rape is increasing four times faster than other crimes, and at present one woman is raped every six minutes.  For Indiana – One in Every Seven Women will be a Victim of Rape in Her Lifetime.    

Impact on Victims:

  • Victims of workplace sexual assault may experience disbelief or confusion, particularly if the incident was brief or they cannot recall details. This may lead to denial, especially if they feel they cannot prove it. 
  • Someone who is assaulted by a co-worker or while at work experiences unique consequences. S/he may no longer feel physically safe at work and may fear retaliation by the assailant or employer. S/he may also fear that reporting the assault could lead to an invasion of privacy or may jeopardize his/her position or career.
  • Sexual violence or assault in the workplace may diminish the victim’s work functioning and attendance rates. Within the workplace, it may negatively affect employee productivity, sense of safety, retention and absenteeism.

If You Have Been or Currently Are Being Affected by Sexual Violence in the Workplace:

  • Educate yourself on protective workplace laws. If seeking a protection order, have it also apply to the workplace. You do not have to go to work if you feel unwell, unsafe or threatened or if the perpetrator still has access there.
  • Talk to someone. Get a forensic sexual assault exam. Seek legal and counseling assistance. Find a rape crisis center in your area to help advocate.  
  • Employers can take responsibility for ensuring a safer workplace by providing sexual assault/domestic violence awareness training for employees and management. Investigate complaints, use threat assessment tools, have clear-cut and enforceable policies and codes of conduct, and take legal and disciplinary action.
  • Employers can also provide resources and referrals for victims, help create workplace safety plans for at-risk employees, allow changes in work routines and job location and provide personal leave options.

For Employers:

  • The best way to handle violence in the workplace is to prevent it. To curtail violence among employees in your business, take the following steps:
  • Accept the possibility that workplace violence can occur in your workplace.
  • Review your recruiting and hiring procedures — where permitted, institute criminal background checks and carefully check all references and former employers.
  • Check external and internal security.
  • Where appropriate, use a screening system.
  • Determine if more stringent security measures are necessary.
  • Provide external security to prohibit uncontrolled access by outsiders throughout the company.
  • Identify those members of your staff (such as yourself) who may be likely targets and establish procedures to control access to them.
  • Take every known threat seriously. Follow up and investigate completely.
  • Know the warning signs of a troubled employee.  
  • Prohibit the possession of all weapons, either inside the workplace or transported in an employee’s vehicle on company property.  Due to rising concerns of violence in the workplace, many states have responded with their own laws that employers need to be aware of. These laws may affect whether or not weapons can be prohibited and other employer policies concerning violence on company property.
  • Make sure all employees know how to reach the local police, ambulance, and security company if applicable. 
  • Strive to develop a workplace environment that fosters trust among existing employees and management.
  • Develop policies against all forms of violence including harassment and cyber based violence, enforce them consistently and universally.
  • Establish grievance procedures.  
  • If you need to fire an employee, do so with sensitivity and safety in mind.   
  • Establish exit interview procedures that collect company keys, identification, etc., and alert you to any potential problems. 
  • Install routine security procedures when employees are fired.
  • Emphasize humane and respectful treatment of all employees and pay particular attention to those who are terminated.
  • Know how to prevent and address workplace acts of physical violence.  

OSHA. You should also be aware that the Occupational Safety and Health Administration (OSHA) requires that employers provide a safe work environment for their employees. OSHA is in the process of developing a new standard, based on the general duty clause that will require employers to protect employees and others from violence in their workplaces.

Other Resources

For More Information:

Indiana Civil Rights Commission
100 N Senate Ave. Room N103
Indianapolis, IN 46204
317-232-2600
800-628-2909
http://www.in.gov/icrc/