Citation

Sotiropoulos AM. DePaul L. Rev. 2017; 65(4): 1361-1401.

Copyright

(Copyright © 2017, De Paul University School of Law)

DOI

unavailable

PMID

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Abstract

"Domestic violence is the leading cause of injury to women" in the United States.309 It is "more [common] than car accidents, muggings, and rapes combined."310 Traditionally, domestic violence only encapsulated physical abuse; however, today's society recognizes that emotional and psychological abuse can be just as harmful.311 Domestic violence not only impacts millions of women across the United States, but it also affects their employment.312 Victims who attempt to escape the cycle of abuse often face challenges in the workplace.313 While the victim attempts to escape from her abusive relationship, she is often forced to take several days off of work to seek legal assistance, obtain an order of protection, or find a safe house to reside, which ultimately impacts her workplace productivity.314 Unfortunately, the FMLA does not currently provide unpaid leave to address those concerns; thus, many victims face adverse employment consequences when attempting to ameliorate the effects of the abuse.315 Without the economic security that a job provides, many victims tend to feel that it is imperative to return to their abuser.316 Thus, the cycle of domestic abuse is never broken.317 State legislatures have recognized the discrepancies within the FMLA and have enacted statutes to supplement the FMLA.318 Although this approach is effective in some states, it does not provide complete protection to victims of domestic violence across the United States, and it leaves some victims subject to the discretion of both their employers and the courts. Therefore, the FMLA should be amended to provide broader protections to victims of domestic violence by explicitly including emotional and psychological abuse. The amendment's language should mirror VESSA, which has proven to be effective at increasing productivity in the workplace in Illinois. This legislation would provide consistent nationwide protection for victims of domestic violence and, therefore, could contribute to addressing the widespread problem of domestic violence in the United States.

Language: en