The guidance says that employees who are victims of domestic violence, sexual assault, or stalking may inadvertently react in a manner that results in disciplinary action. In such cases, once the supervisor becomes aware of the domestic violence, sexual assault, or stalking issues, the victimized employee is to be referred to the resources within the agency for support and assistance. Agencies are to work to make sure that workplace policies do not re-victimize victims to the extent possible, while maintaining appropriate workplace standards," the guidance says.
To take adverse action against employees who commit off-duty misconduct, there must be a proven "nexus" between the specific misconduct of the employee and the employee’s ability to perform his or her duties. That is, when taking adverse action against an employee, an agency must be able to show that there is a clear and direct relationship between the grounds for the adverse action and the employee’s ability to perform his or her duties or some other legitimate governmental interest promoting the "efficiency of the service."
Agencies are to address what steps managers are expected to take if and when an employee discloses that he or she has committed a workplace-related incident of domestic violence, sexual assault, or stalking, or if he or she is a victim of such violence. In addition, it is important to consider the protocol a supervisor should follow if he or she suspects that an employee may have committed such an incident.
Workplace support, including access to supportive services (such as an EAP), appropriate responses from supervisors, and referrals to culturally competent victim service providers for immediate and on-going trauma-informed care and support, are be offered to employees who are victims of domestic violence, sexual violence, or stalking to minimize the impact of the violence on the victim and others in the workplace and to protect victim and workplace safety.
