PURPOSE
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The purpose of the State of New Jersey Domestic Violence Policy
for Public Employers (herein "policy") is to set forth a uniform domestic
violence policy for all public employers to adopt in accordance with
N.J.S.A. 11A:2-6a. The purpose of this policy is also to encourage
employees who are victims of domestic violence, and those impacted
by domestic violence, to seek assistance from their human resources
officers and provide a standard for human resources officers to follow
when responding to employees.
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DEFINITIONS
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The following terms are defined solely for the purpose of this
policy:
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Abuser/Perpetrator - An individual who commits or threatens
to commit an act of domestic violence, including unwarranted violence
against individuals and animals. Other abusive behaviors and forms
of violence can include the following: bullying, humiliating, isolating,
intimidating, harassing, stalking, or threatening the victim, disturbing
someone's peace, or destroying someone's property.
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Domestic Violence - Acts or threatened acts, that are used by
a perpetrator to gain power and control over a current or former spouse,
family member, household member, intimate partner, someone the perpetrator
dated, or person with whom the perpetrator shares a child in common
or anticipates having a child in common if one of the parties is pregnant.
Domestic violence includes, but is not limited to, the following:
physical violence; injury; intimidation; sexual violence or abuse;
emotional and/or psychological intimidation; verbal abuse; threats;
harassment; cyber harassment; stalking; economic abuse or control;
damaging property to intimidate or attempt to control the behavior
of a person in a relationship with the perpetrator; strangulation;
or abuse of animals or pets.
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Human Resources Officer (HRO) - An employee of a public employer
with a human resources job title, or its equivalent, who is responsible
for orienting, training, counseling, and appraising staff. Persons
designated by the employer as the primary or secondary contact to
assist employees in reporting domestic violence incidents.
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Intimate Partner - Partners of any sexual orientation or preference
who have been legally married or formerly married to one another,
have a child or children in common, or anticipate having a child in
common if one party is pregnant. Intimate partner also includes those
who live together or have lived together, as well as persons who are
dating or have dated in the past.
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Temporary Restraining Order (TRO) - A civil court order issued
by a judge to protect the life, health or well-being of a victim.
TROs can prohibit domestic violence offenders from having contact
with victims, either in person or through any means of communication,
including third parties. TROs also can prohibit offenders from a victim's
home and workplace. A violation of a TRO may be a criminal offense.
A TRO will last approximately 10 business days, or until a court holds
a hearing to determine if a final restraining order (FRO) is needed.
In New Jersey, there is no expiration of an FRO.
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Victim - A person who is 18 years of age or older or who is
an emancipated minor and who has been subjected to domestic violence
by a spouse, former spouse, or any other person who is a present household
member or was at any time a household member. A victim of domestic
violence is also any person, regardless of age, who has been subjected
to domestic violence by one of the following actors: a person with
whom the victim has a child in common; a person with whom the victim
anticipates having a child in common, if one of the parties is pregnant;
and a person with whom the victim has had a dating relationship.
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Workplace-Related Incidents - Incidents of domestic violence,
sexual violence, dating violence, and stalking, including acts, attempted
acts, or threatened acts by or against employees, the families of
employees, and/or their property, that imperil the safety, well-being,
or productivity of any person associated with a public employee in
the State of New Jersey, regardless of whether the act occurred in
or outside the organization's physical workplace. An employee is considered
to be in the workplace while in or using the resources of the employer.
This includes, but is not limited to, facilities, work sites, equipment,
vehicles, or while on work-related travel.
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PERSONS COVERED BY THIS POLICY
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All employees are covered under this policy, including full-
and part-time employees, casual/seasonal employees, interns, volunteers
and temporary employees at any workplace location.
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RESPONSIBILITY OF EMPLOYERS TO DESIGNATE A HUMAN RESOURCES OFFICER
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The employer hereby designates the following employees
as the Primary HRO and Secondary HRO to assist employees who are victims
of domestic violence.
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Primary HRO: City Clerk
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Secondary HRO: Deputy City Clerk
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The designated Primary and Secondary HROs shall receive training
on responding to and assisting employees who are domestic violence
victims in accordance with this policy.
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Managers and supervisors are often aware of circumstances
involving an employee who is experiencing domestic violence. Managers
and supervisors are required to refer any employee who is experiencing
domestic violence or who report witnessing domestic violence to the
designated HRO. Managers and supervisors must maintain confidentiality,
to the extent possible, and be sensitive, compassionate, and respectful
to the needs of persons who are victims of domestic violence.
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The name and contact information of the designated
HRO will be provided to all employees.
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This policy does not supersede applicable laws,
guidelines, standard operating procedures, internal affairs policies,
or New Jersey Attorney General directives and guidelines that impose
a duty to report. For example, if there is any indication a child
may also be a victim, reporting is mandatory to the Department of
Children and Families, Child Protection and Permanency, under N.J.S.A.
9:6-8.13.
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DOMESTIC VIOLENCE REPORTING PROCEDURES
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Employees who are victims of domestic violence are encouraged
to seek immediate assistance from their HRO. Employees who have information
about or witness an act of domestic violence against an employee are
encouraged to report that information to the designated HRO, unless
the employee is required to report the domestic violence pursuant
to applicable laws, guidelines, standard operating procedures, internal
affairs policies, or New Jersey Attorney General directives and guidelines
that impose a duty to report, in which case the employee must so report
to the appropriate authority in addition to reporting to the designated
HRO. Nothing in this policy shall preclude an employee from contacting
911 in emergency situations. Indeed, HROs shall remind employees to
contact 911 if they feel they are in immediate danger.
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Each designated HRO shall:
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A.
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Immediately respond to an employee upon request and provide
a safe and confidential location to allow the employee to discuss
the circumstances surrounding the domestic violence incident and the
request for assistance.
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B.
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Determine whether there is an imminent and emergent need to
contact 911 and/or local law enforcement.
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C.
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Provide the employee with resource information and a confidential
telephone line to make necessary calls for services for emergent intervention
and supportive services, when appropriate. The HRO or the employee
can contact the appropriate employee assistance program to assist
with securing resources and confidential services.
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D.
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Refer the employee to the provisions and protections of The
New Jersey Security and Financial Empowerment Act, N.J.S.A. 34:11C-1
et seq. (NJ SAFE Act), referenced in this policy.
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E.
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In cases where domestic violence involved a sexual touching
or sexual assault between state employees, the HRO is also required
to report the incident to their agency's EEO Officer or City Clerk
609-927-4108.
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F.
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If there is a report of sexual assault or abuse, the victim
should be offered the services of the Sexual Assault Response Team,
Linwood Police Department 609-927-5252.
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G.
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Maintain the confidentiality of the employee and all parties
involved, to the extent practical and appropriate under the circumstances,
pursuant to this policy.
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H.
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Upon the employee's consent, the employee may provide the HRO
with copies of any TROs, FROs, and/or civil restraint agreements that
pertain to restraints in the work place and ensure that security personnel
are aware of the names of individuals who are prohibited from appearing
at the work location while the employee who sought the restraining
order is present. All copies of TROs and FROs shall be maintained
in a separate confidential personnel file.
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CONFIDENTIALITY POLICY
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In responding to reports of domestic violence, the HRO shall
seek to maintain confidentiality to protect an employee making a report
of, witnessing, or experiencing domestic violence, to the extent practical
and appropriate under the circumstances and allowed by law. Thus,
this policy does not supersede applicable laws, guidelines, standard
operating procedures, internal affairs policies, or New Jersey Attorney
General directives and guidelines that impose a duty to report.
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This confidentiality policy shall not prevent disclosure where
to do so would result in physical harm to any person or jeopardize
safety within the workplace. When information must be disclosed to
protect the safety of individuals in the workplace, the HRO shall
limit the breadth and content of such disclosure to information reasonably
necessary to protect the safety of the disclosing employee and others
and comply with the law. The HRO shall provide advance notice to the
employee who disclosed information, to the extent possible, if the
disclosure must be shared with other parties in order to maintain
safety in the workplace or elsewhere. The HRO shall also provide the
employee with the name and title of the person to whom they intend
to provide the employee's statement and shall explain the necessity
and purpose regarding the disclosure. For example, if the substance
of the disclosure presents a threat to employees, then law enforcement
will be alerted immediately.
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This policy does not supersede applicable laws, guidelines,
standard operating procedures, internal affairs policies, or New Jersey
Attorney General directives and guidelines where mandatory reporting
is required by the appointing authority or a specific class of employees.
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CONFIDENTIALITY OF EMPLOYEE RECORDS
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To ensure confidentiality and accuracy of information, this
policy requires the HRO to keep all documents and reports of domestic
violence in confidential personnel file separate from the employee's
other personnel records. These records shall be considered personnel
records and shall not be government records available for public access
under the Open Public Records Act. See N.J.S.A. 47:1A-10.
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THE NEW JERSEY SECURITY AND FINANCIAL EMPOWERMENT ACT
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The New Jersey Security and Financial Empowerment Act, N.J.S.A.
34:11C-1 et seq. (NJ SAFE Act), is a law that provides employment
protection for victims of domestic or sexual violence.
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The NJ SAFE Act allows a maximum of 20 days of unpaid leave
in one twelve-month period, to be used within 12 months following
any act of domestic or sexual violence. To be eligible, the employee
must have worked at least 1,000 hours during the twelve-month period
immediately before the act of domestic or sexual violence. Further,
the employee must have worked for an employer in the state that employs
25 or more employees for each working day during 20 or more calendar
weeks in the current or immediately preceding calendar year. This
leave can be taken intermittently in days, but not hours.
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Leave under the NJ SAFE Act may be taken by an employee who
is a victim of domestic violence, as that term is defined in N.J.S.A.
2C:25-19 and N.J.S.A. 30:4-27.6, respectively. Leave may also be taken
by an employee whose child, parent, spouse, domestic partner, civil
union partner, or other relationships as defined in applicable statutes
is a victim of domestic or sexual violence.
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Leave under the NJ SAFE Act may be taken for the purpose of
engaging in any of the following activities, for themselves, or a
child, parent, spouse, domestic partner, or civil union partner, as
they relate to an incident of domestic or sexual violence:
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1)
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Seeking medical attention;
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2)
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Obtaining services from a victim services organization;
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3)
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Obtaining psychological or other counseling;
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4)
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Participating in safety planning, temporarily or permanently
relocating, or taking other actions to increase safety;
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5)
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Seeking legal assistance or remedies to ensure health and safety
of the victim; or
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6)
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Attending, participating in, or preparing for a criminal or
civil court proceeding relating to an incident of domestic or sexual
violence.
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PUBLIC EMPLOYER DOMESTIC VIOLENCE ACTION PLAN
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The employer has developed the following action plan to identify,
respond to, and correct employee performance issues that are caused
by domestic violence, pursuant to N.J.S.A. 11A:2-6a, and in accordance
with the following guidelines:
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A.
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Designate an HRO with responsibilities pursuant to this policy.
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B.
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Recognize that an employee may need an accommodation as the
employee may experience temporary difficulty fulfilling job responsibilities.
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C.
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Provide reasonable accommodations to ensure the employee's safety.
Reasonable accommodations may include, but are not limited to, the
following: implementation of safety measures; transfer or reassignment;
modified work schedule; change in work telephone number or work station
location; assistance in documenting the violence occurring in the
workplace; an implemented safety procedure, or other accommodation
approved by the employer.
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D.
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Advise the employee of information concerning the NJ SAFE Act;
Family and Medical Leave Act (FMLA); or Family Leave Act (FLA); Temporary
Disability Insurance (TOI); or Americans with Disabilities Act (ADA);
or other reasonable flexible leave options when an employee, or his
or her child, parent, spouse, domestic partner, civil union partner,
or other relationships as defined in applicable statutes is a victim
of domestic violence.
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E.
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Commit to adherence to the provisions of the NJ SAFE Act, including
that the employer will not retaliate against, terminate, or discipline
any employee for reporting information about incidents of domestic
violence, as defined in this policy, if the victim provides notice
to their human resources office of the status or if the human resources
office has reason to believe an employee is a victim of domestic violence.
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F.
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Advise any employee who believes he or she has been subjected
to adverse action as a result of making a report pursuant to this
policy of the civil right of action under the NJ SAFE Act, and advise
any employee to contact their designated Labor Relations Officer,
Conscientious Employees Protection Act (CEPA) Officer and/or Equal
Employment Opportunity Officer in the event they believe the adverse
action is a violation of their collective bargaining agreement, the
Conscientious Employees Protection Act or the New Jersey Law Against
Discrimination and corresponding policies.
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G.
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Employers, their designated HRO, and employees should familiarize
themselves with this policy. This policy shall be provided to all
employees upon execution and to all new employees upon hiring. Information
and resources about domestic violence are encouraged to be placed
in visible areas, such as restrooms, cafeterias, breakrooms, and where
other resource information is located.
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RESOURCES
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This policy provides an appendix listing resources and program
information readily available to assist victims of domestic violence.
These resources should be provided by the designated HRO to any victim
of domestic violence at the time of reporting.
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DISTRIBUTION OF POLICY
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WHO will be responsible for distributing this policy to employees,
volunteers, and other employees identified above.
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WHO will be responsible for updating this policy at least annually
to reflect circumstances changes in the organization.
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WHO will be responsible for monitoring the Civil Service Commission
and the Division of Local Government Services in the Department of
Community Affairs for modifications thereto to public employers.
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OTHER APPLICABLE REQUIREMENTS
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In addition to this policy, the HRO and the public employer's
appointing authority must follow all applicable laws, guidelines,
standard operating procedures, internal affairs policies, and New
Jersey Attorney General directives and guidelines that impose a duty
to report. Additionally, to the extent that the procedures set forth
in this policy conflict with collective negotiated agreements or with
the Family Educational Rights and Privacy Act (FERPA), the provisions
of the negotiated agreements and the provisions of FERPA control.
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POLICY MODIFICATION AND REVIEW
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A public employer may seek to modify this policy to create additional
protocols to protect victims of domestic violence but may not modify
in a way that reduces or compromises the safeguards and processes
set out in this policy.
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The Civil Service Commission will review and modify this policy
periodically and as needed.
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POLICY ENFORCEABILITY
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The provisions of this policy are intended to be implemented
by the Civil Service Commission. These provisions do not create any
promises or rights that may be enforced by any persons or entities.
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POLICY INQUIRIES AND EFFECTIVE DATE
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Any questions concerning the interpretation or implementation
of this policy shall be addressed to the Chair/Chief Executive Officer
of the Civil Service Commission or their designee. This policy shall
be enforceable upon the HRO's completion of training on this policy.
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