Violence Against Women
Domestic Violence Survivors Rights in the Workplace
Too often, survivors of domestic violence have lost their jobs because they need to take time off work to protect themselves and their families. Legal Voice has worked in the courts and in the legislature to change the law so that survivors don't have to choose between finding safety and keeping their jobs.
Washington's public policy aims to eradicate domestic violence and to protect survivors, but these legal protections are meaningless if survivors' economic security is jeopardized along with their personal safety. Our laws and policies must ensure that employees who have suffered domestic violence, sexual assault, and/or stalking retain the ability to earn a living so they can provide for themselves and their children.
To address this problem, Legal Voice brought a case in federal court on behalf of Ramona Danny, who was forced to take two weeks off work to address severe domestic violence in her family. During her leave, she cared for her son who was hospitalized after being beaten by his father; attended criminal proceedings against her husband; moved herself and her children into a domestic violence shelter; obtained a protection order against her husband; and instituted divorce proceedings. Shortly after taking her leave, she was demoted and was later fired for alleged misconduct.
The federal judge certified to the Washington Supreme Court the question of whether such a termination may violate Washington's public policy. In October 2008, the state Supreme Court ruled in Ramona's favor, holding that a domestic violence survivor who is fired for taking time off work to protect herself may sue her employer for wrongful discharge in violation of public policy.
But Legal Voice did not simply work through the courts to win workplace rights for survivors. While our case was pending in the Washington Supreme Court, we went to the Washington State Legislature and asked them to change the law. Thanks in large part to Ramona Danny's testimony about her experience, the Legislature acted in 2008 to ensure that survivors of domestic violence, sexual assault, and stalking can take time off from work to deal with the effects of the crimes they've suffered. Read more about this law.
We are continuing our work to improve the rights of domestic violence survivors in the workplace and to ensure that the new law is properly implemented and enforced. We are also investigating cases in which survivors of domestic violence or sexual assault lost their jobs after they obtained a protection order against a co-worker.
Did you lose your job because you needed to take time off work to deal with the effects of domestic violence, sexual assault, or stalking - or because you obtained a protection order against a co-worker? Contact us and let us know.
More on Danny v. Laidlaw
- Washington State Supreme Court's decision in Danny v. Laidlaw.
- Opening brief filed by Legal Voice in the Washington Supreme Court.
- Amicus brief filed by the Washington State Coalition Against Domestic Violence.
- Press release
- Battered wife entitled to time off work, state justices rule
Seattle Post-Intelligencer 10/3/08 - Washington Supreme Court rules victims' job rights are protected
Seattle Times 10/4/08
Women's rights. Nothing less.
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