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Victim's Rights: EEOC Warns Employers of Discrimination Related to Domestic Violence

Inside Counsel
January 31, 2013

Sally Scott was quoted in the article, "Victim's Rights: EEOC Warns Employers of Discrimination Related to Domestic Violence," published in Inside Counsel magazine. The article discusses how employers should handle potential threats at the workplace resulting from domestic violence that involves an employee. "After the attack in Wisconsin, employers have legitimate concern about violence in the workplace," says Sally. "You have to be concerned about the safety of not just one employee, but of all your other employees."

Sally also discusses the EEOC's Q&A fact sheet that underscores the legal risks involved in dismissing or refusing to hire someone an abusive partner has victimized.  "They very carefully picked their wording so it would fall under Title VII," she says. "It would be a very different case if the employer said, 'We need to end your employment or transfer you because we are concerned about the safety of the rest of the workforce.' The question is, is it being done because of gender, or because of a real threat that is not gender-based but violence-based? I am not sure how far the EEOC would try to take that or how it would play out in court."