Chapter 12

The Business Community

Floor of the New York Stock Exchange

Friday, April 19, 1996, 10:02 a.m., EST.

I was standing near a trading position . . . speaking to a harried
specialist about the hectic pace of the trading day. . . . A message went
out across the electronic ticker informing us that trading would be halted
shortly. The directors of the Exchange walked out onto the balcony
overlooking the floor. The bell was rung in remembrance of the 168 victims
of the Oklahoma City bombing. There were 3,000 people on the floor. They
all went silent. It was an eerie feeling that for a whole minute the wheels
of capitalism had come grinding to a halt. Some people bowed their heads in
silent prayer for the people killed at the Oklahoma City federal center.
Others looked around, stunned by the rare sight of the trading floor at a
dead stop during the middle of a session. . . . For that minute, even Wall
Street bonded with the victims on Main Street.

Aldo Svaldi, Reporter, The Denver Business Journal1

The New York Stock Exchange has not been alone in remembering the victims
of the worst terrorist attack on American soil. Businesses across the
nation, particularly in Oklahoma City and Denver, Colorado, the site of the
bombing trial, have given generously to the victims in time, money, and
emotional support. In fact, the private sector has taken giant steps toward
meeting the recommendations of the Final Report of the 1982 Presidents Task
Force on Victims of Crime, which stated that:

Ñ Businesses should authorize paid administrative leave for employees who
must miss work because of injuries sustained in a violent crime, and for
employees who must attend court hearings.

Ñ Businesses should establish employee assistance programs for victims of
crime.

Ñ Creditors should make liberal allowances for persons who are unable to
make timely payments because of recent victimization.

Ñ The private sector should encourage private contributions of money and
other support to victim service agencies, whether public or private.

In the past 15 years, employers have begun to recognize that it is good
business to offer employees a full spectrum of assistance programs to help
them deal with problems, including criminal victimization, that affect job
performance and the safety of the workplace. Employee assistance programs
are now routinely offered in many workplaces. Some enlightened employers
and unions are implementing policies to prevent violence in the workplace
and to assist employees who become victims. Unfortunately, many barriers
still block corporate Americas ability and willingness to respond fully and
appropriately to crime victims.2 This chapter highlights innovative
corporate approaches to assisting victims and responding to workplace
violence and proposes recommendations to improve the business communitys
response to violence.

Cash and In-kind Corporate Contributions

The hundreds of companies that have made monetary and in-kind donations to
individual victims and community victim services in the past few years are
too numerous to name. The examples below were chosen to illustrate the
variety of private sector contributions. For many companies, their response
followed a violent crime that affected the organizations employees,
customers, or community.

Ñ In 1988, Warner Bros. Television helped to establish a medical clinic to
provide pediatric forensic examinations of children suspected to be victims
of sexual abuse. Instead of giving holiday gifts to their producers and
actors, they made a difference in the community by supporting expert
medical care for abused children in a child-friendly setting. The company
continues to fund the clinic, which is a program of the Rape Treatment
Center at Santa Monica-UCLA Medical Center.

Ñ Kaiser Permanente signed on as the title sponsor for a 5K/10K run in June
1996 to raise money for college scholarships for youth whose lives have
been affected by violent crime. The program was started by a group, Friends
of Janie, formed to help the Fountain Valley, California, Police Department
in apprehending the killer of Jane Carver. Carvers husband was a longtime
Kaiser Permanente employee.3

Ñ Bank of America donated $50,000 to the Los Angeles Police Memorial
Foundation and $50,000 to the Los Angeles City Attorneys Victim Assistance
Program after armed robbers brandishing automatic weapons entered a branch
office and forced employees and customers into the bank vault. Several
police officers and local residents were shot.4

Ñ The outpouring of help for the victims and families of victims of the
Long Island Railroad shooting massacre included donations from singer
Mariah Carey from the profits of her hit single Hero and an offer by the
Mitchel Field physical therapy and rehabilitation center to provide its
services free of charge to the injured.5

Ñ Marshalls Inc., a national retailer headquartered in Andover,
Massachusetts, issued a Business 4 Family Challenge, encouraging other
firms to join in raising funds to support victims of domestic violence.
Marshalls donated a portion of sales from its 460 stores nationwide as part
of its Shop till it Stops! day. Additional contributions were raised by
Vanity Fair Corporation, Sodexho, IBM, FootAction, Bradlees, Jordans
Furniture, Frugal Fannies, Charette Art Supply, and several Boston law
firms.6

Ñ Polaroid Corporation, a leader in innovative human resources policies,
donates substantial funds through the Polaroid Foundation to battered
womens shelters throughout Massachusetts.

Polaroids CEO Project encourages local businesses to adopt a womens
shelter, providing financial support, in-kind assistance, volunteers, and
advocacy.

Ñ Countrywide Moving and Storage, an independent small business in Texas,
provides free moving and storage to help victims move out of an abusive
home and resettle in a safer environment.

Ñ The Rykè R.O.S.E. (Regaining Ones Self Esteem) Foundation, established by
Sheri Poe, a sexual assault survivor and owner of a highly successful
Massachusetts-based athletic shoe business, Rykè, Inc., funds education,
prevention, and treatment programs to help end violence against women.

Ñ Many cellular phones and communication service companies, including
Cellular One, AT&T, BellSouth Mobility (Atlanta), First Cellular Omaha,
AirTouch Cellular Company (Phoenix), and Bell Atlantic Nynex Mobile (New
Jersey), donate cellular phones programmed to call 911 to stalking victims
and victims of domestic abuse. These lifeline projects are coordinated by
local law enforcement and domestic violence shelters. Communications
companies have also donated voice mail boxes for women in abusive
situations to receive messages from family members, advocates, the police,
and their attorneys.7

Ñ ADT Security Services has begun a nationwide program to donate security
systems and emergency electronic necklaces to aid battered women. A woman
in danger can squeeze the necklace and a silent signal will be sent to a
security operator, who contacts the police.8

Ñ A prominent advertising agency, Dailey and Associates, collaborated with
Santa Monicas Rape Treatment Center to produce educational materials for a
national campus rape campaign. As a result of this effort, posters and
brochures as well as television and radio public service announcements were
made available to college campuses across the country.

The arts and entertainment industry has initiated innovative victim
assistance efforts, including:

Ñ Americas first nationwide sexual abuse hotline, 1-800-656-HOPE, was
launched by pop star Tori Amos, whose song Me and a Gun describes her own
harrowing experience as a rape victim. The hotline is operated by the Rape,
Abuse & Incest National Network (RAINN) based in Washington, D.C.

Ñ Austin, Texas, musician Tony Murillo, whose mother was murdered over 10
years ago, organizes annual When the Music Stops benefit concerts during
National Crime Victims Rights Week. All proceeds go to crime victims.

Ñ Artist Peter Max painted four portraits of 17-year-old Corie Williams, a
student slain by gang gunfire in Compton, California, as she rode a bus
home from high school in January 1997. Copies of the original artwork will
be used as billboards announcing a Stop the Violence, Start the Peace
campaign.9

Ñ A group of prominent professional athletes led by Don Edwards and 15 NFL
alumni from the Los Angeles Raiders, Pittsburgh Steelers, Kansas City
Chiefs, and other teams, established the Athletes Helping Kids campaign as
well as free football clinics and stay-in-school programs for inner-city
youth at risk of violence. Mr. Edwards also arranged for noted athletes to
provide assistance to children in Oklahoma City following the bombing of
the Alfred P. Murrah Federal Building.

By producing memorable programs, the television industry has dramatically
increased public awareness about crime victims issues, particularly in the
area of child abuse, sexual assault, gun violence, stalking and domestic
violence.

Ñ In the 1970s, CBS aired an Emmy-award winning episode of All In The
Family in which Edith Bunker was a victim of an attempted rape. The
production company, Tandem Productions, underwrote a national campaign in
which educational materials about rape and a discussion guide for rape
crisis centers to use in local communities were distributed nationwide.

Ñ The first television movie to deal with the topic of incest, Something
About Amelia, had a major impact on focusing public attention on the need
to report the crime and treat its victims and perpetrators.

Ñ More than 15 years ago, Hill Street Blues was the first television series
to introduce the role of a victim advocate.

Ñ In the 1980s, the movie Adams Story brought national attention to the
tragedy of abducted children. A true story produced with input from Adams
parents, John and Reva Walsh, it helped to publicize the National Center
for Missing and Exploited Childrens toll-free hotline.

Ñ NBC televises public service announcements and hotline numbers after
airing movies that publicize the trauma of victimization. Examples include
Schindlers List (hate crimes), She Cried No (campus date rape), Fight for
Justice: The Nancy Conn Story (victims rights), and The Burning Bed
(domestic violence).

Ñ HBO has produced and aired several documentaries on gun violence
including 5 American Handguns, 5 American Kids and Guns: A Day in the Death
of America. HBO also produced and aired a special on workplace violence,
Murder 9 to 5.

Ñ In 1993, CBS aired I Can Make You Love Me: The Stalking of Laura Black.
The National Victim Centers toll-free information and referral service was
publicized during the show and received more than 15,000 calls in 36 hours.

Ñ For more than two television seasons, ABCs NYPD Blue developed a leading
character who has helped to educate the public about the long-term effects
of childhood sexual abuse, which are complicated by the common occurrence
of the victim keeping the secret until adulthood.

Workplace Violence

The National Institute for Occupational Safety and Health reports that
murder is the leading cause of death for women at work, and third leading
cause of death for men. While some occupations are clearly at higher risk
for violencelaw enforcement, retail, and emergency medical professionals,
to name a fewno group is immune from workplace violence. It attacks the
public and private sector alike. A pawn shop owner, a convenience store
clerk, a psychologist, two sanitation workers, a tavern owner, a fisherman,
a cook, two cab drivers, a furniture store owner, a restaurant manager, a
maintenance supervisor, a video store owner, and a postal carrier were all
murdered at work in this country in one week, according to the Centers for
Disease Control. Each year, nearly one million individuals become victims
of violent crime while working or on duty, costing an average of 3.5 days
of missed work per crime.10 Five percent of women victimized at work are
attacked by a husband, ex-husband, boyfriend, or ex-boyfriend.11

Whenever a violent incident occurs in the workplace, there is great
potential for physical, emotional, and financial damage to both primary and
secondary victims as well as the entire community. Victimization and its
consequences must be dealt with by employee victims, but they need
assistance, information, and referrals to do it effectively. The reaction,
support, and assistance of management and crisis responders are crucial to
survivors of workplace violence. Secondary victimization can occur if the
reaction and response of colleagues and management are ineffectual and
uncaring.

Businesses are beginning to take a serious look at the threats and damage
to their employees and workplaces from violent workplace incidents. They
are developing prevention efforts to keep violence out of the workplace,
including instituting security measures and hiring psychologists to develop
risk assessment profiles of typical workplace killers. When violence
strikes, employers now realize that they must deal with both the physical
injury and the emotional consequences of trauma. Onsite and offsite
employee assistance programswhich typically deal with drinking, drug abuse,
and other family problemsare used by nearly 50 percent of organizations in
the aftermath of workplace violence.12

In Columbia, South Carolina, Post Trauma Resources has a team of specially
trained mental health providers that are available 24 hours a day to
respond to the needs of survivors of personal, work, and duty-related
trauma. Founded in 1982 to serve the needs of Vietnam veterans and their
families, today Post Trauma Resources responds to over 150 violence-related
incidents each year that occur in business, law enforcement, corrections,
and other settings. The group works closely with the business community in
providing specialized trauma response in the aftermath of incidents such as
bank robberies and workplace shootings as well as in safety planning.

Other organizations use ad hoc crisis management teams or independent
trauma consultants. The National Organization for Victim Assistance (NOVA),
for example, has initiated a National Community Crisis Response Team
project to respond to violent incidents in workplaces. The project was
started after NOVA led a team to assist the community of Edmond, Oklahoma,
in the aftermath of the slaying of 14 post office employees in August 1986.
Another innovative response is sponsored by Mothers Against Drunk Driving,
which publishes Monday Mourning to assist businesses when an employee or
employees family member is killed by a drunk driver.

In early 1997, the National Victim Center, through an Office for Victims of
Crime grant, convened a major workplace violence symposium to improve the
capacity and preparedness of employers and victim assistance providers to
respond to the unique needs of victims of workplace violence. Participants
represented a broad cross-section of fields of expertise related to issues
of workplace violence victimization, including victim service
professionals, management and human resource professionals, employee
assistance professionals, union representatives, representatives from
governmental research and regulatory agencies related to workplaces,
researchers, workplace violence experts, mental health professionals, and
representatives from the military and law enforcement. Participants also
included three victims of workplace violence. Participants shared
information about promising practices, worked in small multidisciplinary
groups to identify areas for further action, and produced recommendations
to improve the response to victims of incidents of workplace violence, some
of which are included in this report.

Domestic Violence and the Workplace

Whether domestic violence impacts a workplace directly because a batterer
follows his prey to her job site, or indirectly by affecting an employees
job performance, employers are beginning to take responsibility for
assisting employees who are victimized. The National Workplace Resource
Center on Domestic Violence, a project of the Family Violence Prevention
Fund in San Francisco, California, serves as a focal point for national and
local responses to domestic violence as a workplace issue. The center was
founded in 1995 by a broad-based national coalition of business, labor, and
advocacy organizations. With support from the Office for Victims of Crime,
the center is building on the pioneering work of companies like Polaroid,
Liz Claiborne, the Gap, and Kaiser Permanente to educate other private and
public employers, as well as the unions representing their workers, that
domestic violence is a workplace issue. Some of the promising programs
initiated by companies affiliated with the center are described below.

Ñ In 1984, the Polaroid Corporation in Cambridge, Massachusetts, dealt with
its first known case of domestic violence. Since that time, a concerted
effort has evolved within the corporation to develop a comprehensive
program to respond to the issue. Polaroid has made a commitment to domestic
violence awareness, prevention, and response corporationwide, encompassing
the companys employee assistance, human resources, legal, medical,
security, and ombudsperson departments.

Ñ In 1991, Liz Claiborne, Inc., began its WOMENS WORK campaign, a
collaborative effort with public agencies to increase awareness of domestic
violence. The campaign promotes public awareness through multimedia public
service announcements, posters, tee shirts, mugs, and brochures.

Ñ Since 1995, Aetna, Inc., based in Hartford, Connecticut, has integrated
domestic violence prevention education and awareness into Aenhance, its
nationwide employee wellness program, thereby making education and
prevention a routine part of its commitment to employee health and
well-being. The company observes the annual Work to End Domestic Violence
Day sponsored by the Family Violence Prevention Fund, holds workplace
seminars, mounts art exhibitions on domestic violence, and publishes
articles about domestic violence in employee publications. In 1996, Aetna,
Inc. acquired USHealthcare, to form Aetna/USHealthcare, which offers a
domestic violence training program to its network physicians.

Ñ Since 1979, AFSCME District Council 37 in New York City has offered free
legal and social services to members who are victims of domestic violence.
These services include counseling, measures to protect members safety,
emergency housing relocation, referrals to shelters, and legal assistance
including help obtaining orders of protection. AFSCMEs Womens Rights
Department has produced a domestic violence guide for all members,
stewards, and labor-management representatives.

Ñ Florida Governor Lawton Chiles convened the state's first Interagency
Workgroup on the Impact of Domestic Violence on the Workplace on July 1,
1996, as part of his administrations Task Force on Domestic and Sexual
Violence. The mission of the workgroup, which includes representatives from
each state agency in Florida, is to heighten public awareness of domestic
violence and to promote statewide guidelines for workplace domestic
violence polices.

Ñ Kaiser Permanentes Southern California branch, based in Pasadena,
California, made a yearlong commitment in 1997 to educate its corporate
employee assistance program (EAP) customers about the impact of domestic
violence on their workforces. The company held a series of conferences for
EAP managers and professionals throughout southern California, educating
them on basic domestic violence issues including domestic violence in the
workplace, the relationship between domestic violence and chemical
dependency, and effective interventions and services for victims. In 1996,
the CEO of Kaiser Permanente spoke to employees about domestic violence on
Work to End Domestic Violence Day.

Ñ Mintz, Levin, Cohn, Ferris, Glovksy & Popeo, PC, a large law firm with
offices in Boston and Washington, D.C., has created the Mintz Levin
Domestic Violence Project to provide free legal representation to victims
of domestic violence. To respond to the needs of its own employees, Mintz
Levin has instituted workplace guidelines on domestic violence and offers
legal assistance to employees threatened by domestic violence.

Recommendations from the Field for the Business Community

Business Community Recommendation from the Field #1

Business leaders should commit resources in addition to money to victim
assistance and crime prevention efforts.

The easiest way for businesses to contribute to crime victims needs is by
writing a check. While monetary donations are always important and can be
used to effect significant change, corporate America can assist in many
other ways. For example, copy machines, computers, telephones, fax
machines, and conference rooms can be made available to victim
organizations after business hours or on weekends; delivery trucks can be
used to transport equipment for nonprofit fundraising events; and employees
can be encouraged to become volunteers, perhaps with a few hours of company
time.

Business Community Recommendation from the Field #2

All managers, supervisors, union officials, shop stewards, and other
designated employee representatives should receive training on how
workplace violence impacts employees and the company; how to develop and
implement policies and procedures to resolve conflicts before they erupt
into violence; and how to develop and implement crisis response plans in
the aftermath of violence.

Workplace violence cost companies $4.2 billion in lost work, claims, and
legal expenses in 1992. According to the National Safe Workplace Institute,
the cost to employers of a single episode of violence can amount to
$250,000. Violence interrupts business with customers and reduces employee
productivity. Costly repairs and cleanup may be required. Valued employees
may quit or retire early because they fear the workplace is no longer safe.
By being prepared, however, companies can minimize the damage from violent
crises and facilitate a smoother transition to normalcy.

Although most companies have policies in place for fire and earthquake
emergencies, and plans and contingencies for weather emergencies, many do
not have policies for responding to workplace violence incidents. To
respond effectively to workplace violence and its traumatic aftermath,
companies must have procedures in place to meet the needs of victims.
Personnel policies and procedures should be developed to address such
issues before and after acts of violence whether they occur on or off the
job. A companys polices should include options such as employee transfers,
disciplinary measures, and termination. Implementation of these options
should be accompanied by education for all relevant parties about risk
assessment, the causes of violence, the needs of victims, and models for
violence prevention. Human resource professionals should be educated about
making appropriate referrals to community resources and services.

Business Community Recommendation from the Field #3

In cases of serious trauma and multiple victims, employees should be
assisted by long-term expert psychological counseling.

Companies should be prepared to refer employees victimized at work to
victim assistance and counseling agencies. In cases of high trauma,
employee assistance programs may not be equipped to respond adequately.
Individual and group crisis intervention and counseling is often needed to
assist traumatized employees. Surveys show that employees who receive
prolonged counseling and assistance after a violent incident are more
productive and less likely to file lawsuits.

Business Community Recommendation from the Field #4

Counseling for psychological injuries suffered by victims of terrorist
attacks in the workplace should be covered by workers compensation and
other employer-sponsored insurance.

In the aftermath of the 1993 bombing of the World Trade Center in New York
City, and the massive truck bomb explosion at the Alfred P. Murrah Federal
Building in Oklahoma City in 1995, many security experts have come to
believe that terrorism is now a part of American life. Insurance attorneys
initially refused to recognize workers claims for psychological damage as a
result of these terrorist acts, but judges in Oklahoma have ordered
insurance companies to provide such coverage.13

Business Community Recommendation from the Field #5

Workplace policies and programs should be responsive to the needs of

all crime victims, including victims of domestic violence.

Because domestic violence as a workplace issue has only recently come to
the attention of employers and unions, many businesses do not know how to
respond. Managers and supervisors, unions representatives, human resource
personnel, company security, legal departments, employee health services,
and employee assistance professionals should develop clear guidelines and
policies on domestic violence that ensure victims access to all available
workplace and community resources.

Business Community Recommendation from the Field #6

Employers and unions should work together to adopt leave and benefit
policies that accommodate the needs of victimized employees to go to court,
counseling, or a shelter without penalizing them with unexcused absences or
dismissal.

Victims of crime often need time to meet with prosecutors and appear in
court. Some victims need counseling to deal with the aftermath of
horrendous crimes. When victims of domestic violence begin to make changes
in their lives to escape their abuser, they must use normal business hours
to take care of legal, financial, and personal safety issues. It is not
possible to break away from an abusive situation without taking these
steps. One of the most important actions that employers and unions can take
for victims is to ensure that they have the time they need to consult
lawyers, go to court, meet with law enforcement officials, and receive
counseling services.

As President Clinton stated in a Rose Garden address on June 25, 1996:

There ought to be, I believe, in every law, federal and state, a protection
for victims who participate in the criminal justice process not to be
discriminated against on the job because they have to take time off. That
protection today is accorded to jury members; it certainly ought to extend
to people who are victims who need to be in the criminal justice process.

Business Community Recommendation from the Field #7

All managers, supervisors, union officials, and shop stewards should
receive training on how to recognize signs of domestic violence in their
staff and apply organizational policies and programs to employees or
members who are victims of domestic violence.

Prudent managers and union officials know that the success of even the best
policies and programs is determined by how well those who implement them at
the front line of the organization are trained. Because of the sensitivity
of many of the issues involved in an abusive relationship, supervisors and
shop stewards need to be trained in how to deal with domestic violence
situations. In some large organizations, because it is not possible to
train all supervisory and union staff, it may be appropriate to issue
written guidelines, policy manuals, or other materials. Regardless of the
form it takes, training should include basic facts about domestic violence,
the organizations commitment to providing a supportive environment for
victims, advice for talking with victims about performance-related
problems, and guidelines for making appropriate and timely referrals to
services within the company and the community.

Business Community Recommendation from the Field #8

Employee assistance program (EAP) staff, corporate fitness and wellness
programs, and workplace health services providers such as occupational
nurses and medical directors should receive specialized training in how to
deal with employees who have been victimized.

While supervisors and shop stewards may have initial responsibility for
referring crime victims to internal services, the social workers in the EAP
and medical personnel in the companys health care unit provide the
services. In recent years, organizations representing social workers,
physicians, and nurses have begun to define how their professions can best
serve the needs of crime victims. Businesses should ensure that their
provider staff receive the best possible training on victimization issues
and develop liaisons with local victim assistance services.

Business Community Recommendation from the Field #9

All workplaces should educate their employees to increase awareness of
domestic violence and sexual assault as societal and workplace issues. Such
education will promote compassionate responses to the needs of these
victims and will serve to encourage victims to seek services available to
them in the workplace and in their communities.

Domestic violence and sexual assault are crimes not well understood by
society at large. Victims of these crimes are burdened with negative
stereotypes, and the impact of domestic violence and sexual assault is not
generally appreciated. Victims of domestic violence usually live in fear of
family, friends, neighbors, and employers discovering that they are being
abused. Workplaces can send compassionate, well-informed messages to all
employees, whether or not they are victims, to begin changing societal
attitudes. In doing so, employers and unions will provide a supportive
environment in which victims can feel comfortable requesting services and
help from the organization.

Business Community Recommendation from the Field #10

Research is needed that focuses on the risks and costs of workplace
victimization to both the company and the employee.

Research is necessary to enhance public awareness of the scope, incident
rate, and total impact of workplace violence. Studies are needed on the
costs of workplace violence in lost productivity, the financial resources
spent implementing workplace safety measures, the costs of workplace
violence-related litigation, and the effect of workplace violence on a
companys image. Research should also be conducted to determine which victim
assistance and service programs have the greatest impact on employee morale
and productivity.

Business Community Recommendation from the Field #11

Due to the complex issues and effects of workplace victimization, a
comprehensive, multidisciplinary approach to delivering services for these
victims must be developed and implemented at the national, state, and local
levels.

A multidisciplinary approach to addressing the needs of workplace victims
must include professionals and experts from a wide range of fields,
including general and specific victim services; employee assistance
services; mental health services; human resources and management; the legal
profession, including prosecutors and civil, labor, and domestic dispute
lawyers; workers compensation; labor unions; and security and law
enforcement agencies. The victim services field must build collaboration
and implement cross-training between victim service professions, employee
assistance professions, and labor-related groups to build understanding of
the victimization experience and its short-term and long-term impact and
consequences, as well as to develop an understanding of labor issues and
initiatives. Moreover, the victim services field must encourage
collaboration between all these professional groups on responding more
effectively to workplace victimization and related issues. It is imperative
that multidisciplinary groups work together to improve the capacity and
preparedness of employers and employee assistance and victim assistance
providers to respond to the unique needs of victims of workplace violence.

Business Community Recommendation from the Field #12

Employers should adopt policies and practices that accommodate crime
victims who suffer physical and psychological disabilities as a result of
their victimization in accordance with the Americans with Disabilities Act
(ADA).14

Crime victims often pay a heavy price for the violence they suffer, but
employers have it within their power to reduce the price victims pay in
their professional lives. By its nature, violent crime inflicts serious
physical and psychological injuries on its victims which may give rise to
temporary or even permanent disabilities. If an employee suffers a
temporary or permanent disability as a result of their victimization,
employers are required to make reasonable accommodations under the
Americans with Disabilities Act (ADA). But employers should be encouraged
to go beyond the letter of the law to accommodate employees who are harmed
by crimeparticularly when employees are injured in the line of duty.

The ADA also bars discrimination against victims with disabilities on the
basis of their disability. Victims injured by crime are often doubly
disadvantaged in economic terms. Many not only lose their jobs due to
incapacitation but are saddled with considerable financial debt as the
result of lost wages and medical bills. When they are ready to return to
the workforce, victims are forced to compete for the first time in an
employment market with a disability. It is unfair to expect victims to
shoulder such a disproportionate share of the burden for crime in our
society. Employers should be encouraged to make every effort to hire
victims who, while they may have special needs, are more than capable of
doing the job. Indeed, many such victims are more highly motivated to
succeed on the job than those who have not had to overcome the challenges
of being a victim of crime.

Business Community Recommendation from the Field #13

Employers should report all violent crime that occurs on their premises and
encourage their employees to do likewise.

Some employers have failed to report violent crime that occurs on their
premises based on the mistaken view that the crime is not serious enough or
that they can handle it themselves. Others fail to report violent crime
because they fear that publicity of violent incidents may negatively impact
their image in the community. Such misguided motivations have led to
tragedy on more than a few occasions and left employers exposed to
considerable legal liability. To avoid these problems, employers should
report violent crime to authorities and inform their work force so that
they can take appropriate precautions for their safety.

Business Community Recommendation from the Field #14

Workers compensation programs should be combined with employee benefit
programs to cover all expenses and lost income employees incur as the
result of violent victimization on the job.

Workers compensation programs and employee benefits such as health and
disability insurance are intended to provide for the economic needs of
employees who are injured on the job. While employers should make every
effort to prevent violence in the workplace, when employees are injured by
crime in the course of service to their employers, they should not be made
to suffer financial ruin in addition to the physical and psychological
hardships they are forced to endure. Employers, in conjunction with
policymakers, have a responsibility to provide for the financial well-being
of victimized employees through public and private compensation programs
and insurance policies.

Business Community Recommendation from the Field #15

Employers should develop and implement crime prevention and safety measures
to protect their employees, clients, and customers.

Studies clearly indicate that crime has an impact on where people choose to
work and where they choose to shop. This fact has important implications
for all employers generally and retail business specifically. It is in the
interest of both to develop and implement measures that deter crime and
enhance safety in their workplace. Indeed, failure to provide minimum
safety measure will likely expose employers and business to considerable
legal liability from employees and customers alike.

Apart from adopting traditional strategies to enhance security, such as
installing better lighting and surveillance cameras and hiring security
guards, businesses can establish personnel practices which foster a safer
workplace. For example, businesses need to take steps to secure their
employees, including controlling how people enter and move about their
premises and information concerning the whereabouts of employees. Employers
should control access to secluded areas of their premises such as parking
lots and restrooms and closely control keys and codes that access such
areas. Personnel departments should conduct criminal background checks and
adopt screening policies in their hiring practices. Managers should be
trained to identify signs that may indicate violent tendencies among
employees and develop strategies to deal effectively with such threats.

Endnotes

1 It was Silence Heard and Felt on Wall St., Denver Business Journal, April
26, 1996, 1996 WL 10036078.

2 See generally, Isaac, N. E., Corporate Sector Response to Domestic
Violence, supported under National Institute of Justice award No.
94-IJ-CX-0050.

3 First Annual Friends of Janie Memorial Run Scheduled for June 8, Business
Wire, May 8, 1996.

4 Bank of America Announces Donations to Police, Victim Organizations, PR
Newswire,

March 3, 1997.

5 Outpouring of Help: From Superstar to Strangers, Hundreds Reach Out to
Victims, Newsday, Nassau and Suffolk Edition, December 15, 1993, News
Section:7.

6 Isaac, Corporate Sector Response to Domestic Violence.

7 See High-Tech Protection for Victims of Abuse, Los Angeles Times,
September 9, 1997, A1.

8 Public-Private Effort to Aid Battered Women Begun, The Richmond Times
Dispatch,

March 26, 1997, B3.

9 Artist Helps Woman Honor Memory of Slain Daughter, Los Angeles Times,
March 20, 1997, Metro Section:5.

10 Bachman, R., Violence and Theft in the Workplace, Crime Data Brief,
Washington, D.C.: U.S. Department of Justice, July 1994, NCJ 148199.

11 Id.

12 Survey of 1000 human resource professionals, of which 479 responded,
conducted by the Society for Human Resources Management (SHRM). Employee
Assistance Program Digest, March/April 1994, 25.

13 Dilworth, D.C., Very Special Cases: Attorneys Seek Remedies for Victims
of Terrorism, TRIAL, February 1, 1997, 1997 WL 9957654.

14 42 U.S.C. 12101 (see also, Department of Justice Internet Web Page on
the subject: www.justice.gov/crt/ada/adahoml.htm)