Federal Violence Act Term Paper

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Employers responsibility in regards to the VAWA

Violence against women can be defined as any act of sexually or non-sexually oriented violence that results or is possible to result in physical, sexual and psychological trauma, irrespective of the environment it occurs. Every act of violence diminishes and destroys women's basic human rights and freedoms. Her nature is that of a caring nurturer, while men's character typically includes the desire to go into the marketplace and compete to win at his career. The differences between men and women create the opportunity for women to be taken advantage of and/or suffer violence.

The reauthorization of the Violence Against Women Act (VAWA) is a needed step toward protecting women in the workplace, and in society as a whole. Complete with over $3.3 billion over the next five years for VAWA programs, the VAWA authorizes:

875 million for shelter services for battered women;

200 million to provide civil and legal services to victims of domestic and sexual violence;

925 million in Services for Training for Officers and Prosecutors (STOP) grants;

400 million to address violence against women on college campuses. (Nassar, 2000)

The VAWA includes language which employers must also address as part of their day-to-day activities. While there is some debate as to whether or not Congress out stepped it constitutional boundaries with all the ancillary powers and requirements it included in this bill, business owners need to be aware of how this law affects their affairs. The Senate report attached to the act states that "Gender-based crimes and fear of gender-based crimes...reduces employment opportunities and consumer spending affecting interstate commerce." In order for Congress to legislate interstate commerce fairly, it must allow people to be able to work and spend as they should be able to. If a woman is afraid of being abused if she gets a job or spends money, it affects interstate commerce. Thus congress determined that the VAWA is constitutionally based and necessary for interstate commerce.

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In the same way the bill would have no influence on society if it was not funded, the bill also would not be enforceable if it did not mandate specific behavior and reporting from employers, school, and other organizations which are directly affected when women suffer violence and abuse.

Violence against women is a terrible crime. It destroys women's self-esteem, tears apart families, and destroys lives. Many times, it will lead to murder or other terrible crimes. The VAWA guarantees women a weapon to protect themselves from violent spouses. Without this act, many women would be left incapable of getting any form of financial redress for the years of suffering and abuse they went through. If a woman endures years of abuse it is difficult for them if not impossible to return to a job or work in an office. So guidelines for employers were written into the act.

Specifically, Section #1207 of the act requires the Attorney General to:

Conduct a national survey of plans, programs, and practices developed to assist employers and employees on appropriate responses in the workplace related to victims of domestic violence, stalking, or sexual assault.

Not later than 18 months after the date of enactment, submit to Congress a report describing the results of that survey, which report shall include the recommendations of the Attorney General to assist employers and employees affected in the workplace by incidents of domestic violence, stalking, and sexual assault.

Much of the activity targeted by the VAWA is behavior that typically occurs during a relationship tangled in domestic violence, but is currently not illegal. For example, if a woman has a protective order in place against an offending partner, these orders often identify the personal home as the territory the abusive partner cannot approach. This leaves the work environment open territory for continued harassment. (Thompson, 2003) Under the act, the employer is places in the position of "hall monitor" and….....

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