3.13.030 Responsibilities.
County officers and employees shall not commit any act of domestic violence in or affecting the workplace. County officers and employees should report any act of domestic violence in or affecting the workplace, whether or not physical injury occurs. Officers or employees who observe, or are informed of, or have reason to believe an act of domestic violence occurred in the workplace shall immediately notify their supervisor, department director, management representative or the Human Resources Department. Insofar as possible, any report of an act of domestic violence shall include the name of the reporting party; the date, time and place of the act; the name or identity of the person alleged to have committed the act; a description of the act; and the names of any witnesses.
All employees, including managers and supervisors, are responsible for using safe work practices, for following all directives, policies and procedures, including, but not limited to, the Workplace Violence Policy (see Chapter 3.15 PCC, Workplace Safety and Violence Prevention), and for assisting in maintaining a safe and secure work environment free from domestic violence.
A. Employee Responsibilities.
1. Employees who are the victims of domestic violence are encouraged to take the following steps, as appropriate:
a. If threat of imminent danger exists, call 911;
b. Ask for assistance from a supervisor, manager, or Human Resources professional;
c. Notify the supervisor, manager, or Human Resources professional of any safety or security concerns related to your employment, your work assignment or workstation;
d. Contact the Employee Assistance Program (EAP), Domestic Violence Help Line and/or other resources for assistance;
e. If a court order has been issued that prohibits the perpetrator from contacting the employee as a result of an act 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; and
f. Request a reasonable leave of absence from work, if needed for the following permissible activities related to domestic violence (see domestic violence leave procedures, PCC 3.80.065 of the Administrative Guidelines):
(1) To seek legal or law enforcement assistance or remedies to ensure the employee's or family member's health or safety, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault or stalking;
(2) To seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault or stalking;
(3) To attend to health care treatment for a victim who is the employee's family member;
(4) To obtain or assist the employee's family member in obtaining services from a domestic violence shelter, a rape crisis center; or a social services program for relief from domestic violence, sexual assault or stalking;
(5) To obtain or assist a family member in obtaining mental health counseling related to an incident of domestic violence, sexual assault or stalking, in which the employee or the employee's family member was a victim of domestic violence, sexual assault or stalking; or
(6) To participate, for the employee's or the employee's family member, in safety planning, temporary or permanent relocation, or other actions to increase the safety from future incidents of domestic violence, sexual assault or stalking.
2. Employees who believe they have witnessed or learn of domestic violence occurring in the workplace shall immediately notify a manager, supervisor, or Human Resources professional.
3. Employees who believe they have witnessed or learned of domestic violence involving an employee outside the workplace are encouraged to notify a manager, supervisor, or Human Resources professional.
4. Employees who have been charged by the Prosecuting Attorney in criminal proceedings in a matter which would constitute domestic violence under the Definitions Sections A., B., and C. of this policy have a duty to report the fact of the charge to a supervisor, manager, or County Human Resources professional within three working days of the charge.
B. Manager/Supervisor Responsibilities.
1. Employees as Victims. Managers or supervisors, who become aware that an employee is a victim of domestic violence in the workplace, or affecting the workplace, should take the following steps as appropriate:
a. If threat of imminent danger exists, call 911;
b. Consult with a County Human Resources professional and, if appropriate, the Employee Assistance Program (EAP), for advice and assistance in developing a strategy for approaching the victim and, if necessary, offering assistance;
c. Where appropriate, develop a workplace safety plan in consultation with the employee who is a victim of domestic violence, the Employee Assistance Program (EAP), the Human Resources professional, or other appropriate resources;
d. Encourage the employee who is a victim of domestic violence to seek assistance from the Employee Assistance Program (EAP), Domestic Violence Help Line and/or other resources;
e. For safety or security reasons, or to allow an employee who is a victim of domestic violence to obtain assistance, provide reasonable assistance when requested, if consistent with business needs, including the following possible assistance:
(1) Adjust or change the employee's work schedule;
(2) Change the employee's work site;
(3) Grant use of accrued or unpaid leave within the provisions of PCC 3.80.065 of the Administrative Guidelines to allow employees who are victims of domestic violence or whose family members are victims of domestic violence, for permissible activities related to domestic violence protection; and
(4) Other assistance as may be deemed appropriate by management.
f. 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; and
g. To the extent possible, treat information about an employee victim, including the victim's whereabouts, as confidential. Where necessary, apply confidentiality restrictions to internal telephones, electronics, information, department and County publications, etc., to the extent allowed by law.
2. Employees as Perpetrators. Managers, supervisors, or Human Resources professionals who become aware that an employee may be a perpetrator of domestic violence in or outside the workplace should take the following possible steps as appropriate:
a. If imminent danger exists, call 911;
b. Take steps to provide for the safety of persons present in the workplace;
c. If there is reason to believe a crime has been committed, call the police and cooperate with any police investigation;
d. If there is reason to believe that there is a nexus with the individual's employment or if the manager is uncertain, contact the Human Resources Department;
e. Refer to appropriate officials for investigation and/or to conduct an employment investigation, if appropriate, in instances where it will not interfere with a police investigation;
f. Upon completion of the employment investigation, impose discipline as warranted; and
g. Provide referrals to the Employee Assistance Program (EAP) and other resources, as appropriate.