Tribal Response to Domestic Violence in the Workplace

Disproportionate Impacts

It has long been known that American Indian women experience the highest rate of violence of any ethnic group in the United States. The U.S. Department of Justice’s Bureau of Crime Statistics has consistently reported that Native women suffer violent crime at a rate three and a half times the national average for women. And many experts in the field believe the numbers would be even higher, but many violent crimes against Native women, especially sexual assault, go unreported.

Domestic violence is violence that occurs between intimate partners, and may include physical violence, sexual assault, emotional abuse, and stalking -- when a person repeatedly and continuously contacts and harasses a victim. Unfortunately, as with many social problems, Native American communities and tribes have been impacted by domestic violence and stalking at an even greater rate than most non-Indian communities.

Many tribes are responding to domestic violence and stalking against Indian victims through federal grant programs, tribal social services, and culturally appropriate tribal models. In addition to addressing domestic violence as an issue of community health and well-being, tribes must deal with domestic violence as employers. Tribal responses to domestic violence and stalking thus far have focused primarily on tribal members and victims living on reservations. However, problems of domestic violence and stalking do not stay at home when victims go to work, and in California, tribes are employing more and more people every day. According to a 1998 National Indian Gaming Commission article, California tribal casinos employ an estimated 14, 571 California residents (90 percent of whom are not Indians). Many of the employees working at tribal businesses will not be served by a domestic violence prevention project that focuses solely on Indian women or tribal members, and workplace violence may not be adequately addressed for any tribal employee.

When batterers and stalkers continue terrorizing their victims at work, such behavior affects a victim’s ability to be effective at work. In a 1997 national survey, 37% of domestic violence victims reported that the violence had a negative impact on their work (EDK Associates, "The Many Faces of Domestic Violence and Its Impact on the Workplace"). A study of survivors of domestic violence found that abusive partners committed acts of abuse at work in 74% of cases. Victims may receive harassing phone calls at work, be absent as a result of injuries, be attacked or involved in altercations at work, or simply be less able to do their jobs because of extreme stress.

It is crucial that domestic violence and stalking in the workplace be seen as a serious and preventable problem that tribes must deal with as responsible employers and leaders. Moreover, the workplace often represents a unique opportunity to reach victims and provide them with assistance, because it may be the one time of day they can safely talk to someone about what is happening to them.

The tribal response to violence in the workplace must include at a minimum:

• A strong statement that the tribe will not tolerate violence in the workplace
• A training program for employees that will help them identify when they or others are at risk from violence or stalking
• Written policies and procedures focused on victim safety
• A resource and referral system for victims which includes information about both Indian and non-Indian service providers, and networking efforts with service providers

Tribal businesses and tribal governments must also be aware of and work within the unique setting of jurisdiction in California Indian Country. There are many resources that tribal businesses can utilize to develop a response to domestic violence and stalking. For example, there is specific federal funding, through the Office of Justice Planning, United States Department of Justice, to help tribes develop workplace domestic violence and stalking responses. You may want to consult the following resources:

• U.S. Department of Health and Human Services’ "Understanding and Responding to Domestic Violence in the Workplace: The Action Guide"  http://hhs.gov/ohr/eap/library/eapdomvl.pdf

• American Bar Association, Important Phone Numbers (domestic violence resource list)  http://www.abanet.org/domviol/phone.html

• U.S, Department of Justice, Office of Justice Programs, Violence Against Women Office (Resources for Victims and Communities, Grant Information, Law and Regulations)  http://www.ojp.usdoj.gov/vawo/