NORTH
CAROLINA DOMESTIC VIOLENCE LAW
HAS IMPLICATIONS FOR EMPLOYERS
On August 2, 2004, the North Carolina General Assembly
enacted a new Workplace Violence Prevention law, which allows
employers to take more proactive steps against workplace violence
but also places new restrictions on employers’ ability
to discipline or discharge for attendance.
Under the new Workplace Violence Prevention law, North Carolina
employers will be able to apply for civil “no contact orders” (or
injunctions) on behalf of their employees to protect them from
workplace violence resulting from domestic violence, stalking
and harassment. The law also prohibits “discrimination” against
employees who miss work to pursue certain legal remedies related
to domestic violence. In enacting this new legislation, North
Carolina has followed 12 other states that have issued similar
laws since 1995.
The law permits employers to initiate a civil action in district
court against any individual who has engaged in violence, harassment,
or threats toward an employee that might reasonably be carried
out in the workplace. Available relief includes the issuance
of a temporary or permanent injunction ordering the respondent
not to visit the workplace, injure the employer’s property
or otherwise interfere with the employer’s operations,
stalk or harass the employee at the workplace, contact the employer,
or contact the employee at the workplace.
Before seeking an injunction on behalf of an employee, the employer
must consult with the employee to determine whether he or she
has any safety-related concerns about participating in the process.
Employers may not discipline employees on whose behalf they wish
to file an action because the employees are reluctant or unwilling
to cooperate with the process.
In an effort to give employees ample opportunity to obtain protective
orders on their own initiative, the new statute also restricts
employers’ ability to discipline or discharge employees
who take reasonable time off to pursue legal action seeking relief
from domestic violence under North Carolina law. Protected activities
under the statute include seeking a protective order or emergency
relief for the employee or for a minor child who lives with or
is in the custody of the employee.
Employees who miss work to seek domestic violence relief still
must follow their employers’ attendance policies or procedures,
including any requirements that employees give advance notice
of absences, unless an emergency prevents them from doing so.
Also, employers may require employees to submit available documentation
regarding reasons for absences or any emergencies that might
have prevented the employees from complying with the usual absence
notification policies.
The anti-discrimination provision is to be enforced by the North
Carolina Department of Labor, which is expected to issue rules
and regulations regarding implementation.
The new Workplace Violence Prevention law will become effective
on December 1, 2004 and will be codified at N.C. Gen. Stat. §§ 95-260,
et seq.
If you have a question about the North Carolina Workplace
Violence Prevention law as it affects your company, please contact
any
attorney in Constangy’s Winston-Salem, North Carolina,
office (336-721-1001).
