Workers in Domestically Violent Relationships

Domestic violence (“DV”) does not confine itself to a victim’s home. DV hunts survivors down to factory floors, hospital units, classrooms, and office desks.

Several states have recognized the intimate link between a survivor’s physical safety and a survivor’s financial security.

Sadly, Texas lags behind. This gap leaves Texas DV survivors further entrenched in abuse. Workplaces may unfairly penalize and categorize DV related court dates, medical appointments, and relocations as an attendance problem.

Below, we’ll explore protections that do exist for Texas workers in domestically violent relationships. We’ll also review how Texas compares to other states with explicit protections for such workers.

Texas law currently does not prohibit employers from retaliating against victims of domestic violence. Survivors must often unexpectedly seek medical care or help from law enforcement. Survivors may have unforeseeable but very critical court dates, such as hearings to obtain a protective order.

There is no designation of “domestic violence survivor” as a protected class. There is no requirement that employers accommodate safety needs nor any statewide guarantee of job-protected leave.

Without legal protections in place, Texas DV survivors can only look to existing laws for help in the workplace. These laws are neither tailored nor designed to address DV issues. Such laws might include sex discrimination laws (Title VII / Texas Labor Code); disability discrimination/retaliation laws (ADAAA / Texas Labor Code); and FMLA retaliation/interference (Federal Medical Leave Act).

Texas does not provide the same proactive, survivor-centered legislation that other states have embraced. Across the country, other jurisdictions have acknowledged that workers navigating DV need job protection, non-retaliation guarantees, and protected leave.

California

California’s Labor Code §§ 230 and 230.1 require employers to provide time off for survivors to attend court, obtain restraining orders, meet with law enforcement, and/or seek medical and counseling services. More importantly, these laws ban retaliation for use of such time. Employers may not discharge, discriminate, or take adverse action against a worker who attends a domestic violence proceeding.

Illinois

Illinois’ VESSA statute (Victims’ Economic Security and Safety Act) is one of the strongest in the nation. It grants job-protected leave of up to 12 weeks, depending on employer size, for court appearances, legal assistance, relocation, and more. It further requires employers to provide reasonable safety accommodations and contains a robust anti-retaliation provision.

New Mexico

New Mexico provides domestic abuse leave for court participation, obtaining protective orders, and legal/law enforcement appointments. It further protects survivors from retaliation for availing themselves of domestic abuse leave.

New York (State and City)

New York treats victims of domestic violence as a protected class in employment. Employers cannot discriminate in hiring, firing, leave approval, or discipline based on that status, nor retaliate when a survivor/worker asserts their rights. New York also provides paid and unpaid safe leave depending on the jurisdiction.

Texas DV survivors should be aware that there is no automatic job protection for DV related appointments. While employer policies may offer more than the law requires, this is not a standard provision under the laws of Texas.

In the absence of DV specific protections in Texas, one of our Dallas employment lawyers may be able to identify an existing law to address your workplace concerns. Feel free to contact our firm for a consultation.