Domestic Violence Spillover into the Workplace: An Examination of the Difference between Legal and Ethical Requirements

• DOI: http://doi.org/10.1111/basr.12131
• Author: Helen LaVan,Marsha Katz,Yvette P. Lopez
• Published date: 01 December 2017
• Date: 01 December 2017

Domestic Violence Spillover

into the Workplace: An

Examination of the Difference

between Legal and Ethical

Requirements

MARSHA KATZ, YVETTE P. LOPEZ, AND HELEN LAVAN

ABSTRACT

Domestic violence is a growing societal concern that often

spills over into the workplace. However, employers are not

recognizing the spillover of domestic violence as a work-

place issue. This is problematic considering the serious

financial, legal, and ethical consequences for organiza-

tions. We analyzed six cases involving domestic violence

that were litigated under specific legal bases: Violence

Against Women Act, discrimination laws including Title

VII, Family and Medical Leave Act, Americans with Dis-

abilities Act, Social Security Disability, Occupational

Safety and Health Act, and associated state and munici-

pal ordinances. We chose cases that illustrate the prob-

lems of companies meeting the legal standards but not

necessarily reaching ethical expectations. Our approach

is congruent with the perspective that both legal and

Marsha Katz is a Professor Emerita at the Governors State University, University Park, IL. E-

mail: marshakatz@ameritech.net. Yvette P. Lopez is an Associate Professor of Management at

the DePaul University, Chicago, IL. E-mail: ylopez9@depaul.edu. Helen LaVan is a Professor of

Management at the DePaul University, Chicago, IL. E-mail: hlavan@depaul.edu.

V

C2017 W. Michael Hoffman Center for Business Ethics at Bentley University. Published by

Wiley Periodicals, Inc., 350 Main Street, Malden, MA 02148, USA, and 9600 Garsington

Road, Oxford OX4 2DQ, UK.

Business and Society Review 122:4 557–587

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ethical analyses should be used in organizational decision

making. We suggest for future research the analysis of

additional litigated cases, other ethical perspectives, and

additional sources of data. In addition, we suggest that

companies who are striving for corporate social responsi-

bility should integrate the ethical treatment of domestic

violence victims.

INTRODUCTION

Domestic violence is a growing societal concern. We define

domestic violence as abusive behavior in any relationship

that is used by one partner to gain or maintain power and

control over another intimate partner. Domestic violence can be

physical, sexual, emotional, economic, or psychological actions or

threats that influence another person. This includes any behaviors

that intimidate, manipulate, humiliate, isolate, frighten, terrorize,

coerce, threaten, blame, hurt, injure, or wound someone (http://

www.justice.gov/ovw/domestic-violence).

As increasing societal attention is being directed to the issue of

domestic violence research indicates that the issue can have seri-

ous consequences for the workplace as well. However, employers

are not recognizing the spillover of domestic violence as a work-

place issue (Swanberg et al. 2012). This response by employers is

problematic considering that the spillover effects of domestic vio-

lence can lead to serious financial, legal, and ethical consequences

for organizations.

From an employee relations perspective, there are a variety of

legal bases that theoretically should protect employee victims of

domestic violence from certain employer responses, including the

Violence Against Women Act (VAWA), Title VII of the 1964 Civil

Rights Act, Family and Medical Leave Act (FMLA), Americans with

Disabilities Act (ADA), Social Security Disability, Occupational

Safety and Health Act (OSHA), and tort negligence. Additionally,

more states are enacting protections in the form of domestic vio-

lence laws. Therefore, employers should be aware of the rapidly

changing legal climate.

558 BUSINESS AND SOCIETY REVIEW