A Tale of Two Liabilities: The Legal Risks of Doing Too Little and The Human Risks of Doing Nothing

Lynn Fairweather, MSW -Presage Consulting and Training, LLC

When I talk with organizations about developing workplace domestic violence programs, one of the most common objections I hear has nothing to do with budgets, legal requirements, or competing priorities.

It's fear. Somewhere along the lines of "We don’t get a lot of DV reports right now, and we don't want to open a can of worms by addressing it."

I understand the concern. Leaders worry that increasing awareness will encourage disclosures they don't feel prepared to handle, create additional work for HR, impact their public image, or expose problems they would rather not have to manage.

But here's the reality: The can of worms is already open. The difference is whether you know what’s inside.

Domestic violence doesn't begin affecting an organization the day an employee discloses abuse. It has often been affecting the workplace for months or even years, through absenteeism, distraction, increased healthcare usage, escalating conflicts, productivity losses, security concerns, and mounting risk. Choosing not to address it doesn't prevent those consequences; it simply prevents the organization from recognizing and managing them.

The question isn't whether domestic violence is affecting your workplace. The question is whether your workplace is prepared to respond.

Two Very Different Forms of Liability

Organizations today face two distinct forms of liability when domestic violence intersects with the workplace. The first is legal liability and the second is human liability.

While legal liability often receives the most attention, the human consequences of organizational inaction are almost always greater.

The Growing Legal Landscape

Across the globe, employers are facing increasing expectations to protect workers from reasonably foreseeable acts of violence. Although legal requirements differ by jurisdiction, organizations are increasingly expected to exercise reasonable care when they become aware of credible safety concerns.

Those expectations may arise from workplace safety obligations, OSHA's General Duty Clause in the United States, state domestic violence employment laws, or claims involving negligent retention, negligent supervision, or inadequate workplace security.

Not every incident of domestic violence creates employer liability. However, when warning signs are repeatedly overlooked, reports are not documented, or departments fail to communicate critical information, organizations may find themselves explaining not only what happened, but what they failed to do before it happened.

The Human Liability Is Even Greater

Legal claims eventually end, but the effects on people often do not. When organizations fail to respond effectively, the consequences can include physical injury, psychological trauma, loss of trust in leadership, increased turnover, and lasting fear among employees who believe warning signs were ignored. In some cases, it ends in loss of life, not just to the primary target, but to coworkers and other corollary victims. After many workplace violence incidents, employees rarely ask whether the organization had a policy.

They ask, "Why didn't anyone do anything?"

That question can be far more damaging than any lawsuit.

Why HR and Security Must Work Together

One of the greatest vulnerabilities I encounter is not a lack of concern but a lack of coordination. For example, HR may recognize troubling employee behavior. Security may observe escalating safety concerns. Managers may notice changes in performance or attendance. Threat assessment teams may receive isolated reports that never come together into a complete picture. But no one is connecting the dots.

Domestic violence rarely stays within the boundaries of a single department. Effective prevention requires HR, Security, Threat Teams, Legal, Employee Assistance, and leadership to share information appropriately, assess risk collaboratively, and coordinate their response before situations escalate.

Reducing Both Forms of Liability

Organizations cannot eliminate every risk, but they can significantly reduce risk by building systems that identify concerns early and respond consistently.

That includes developing multidisciplinary threat assessment teams, establishing clear reporting pathways, documenting concerns, conducting structured threat assessments, supporting targeted employees, appropriately managing employees who perpetrate abuse, and ensuring that interventions are followed through rather than forgotten.

Policies are important.

Practice is what protects people.

Is Your Organization Really Prepared?

Many organizations assume they are prepared because they have a domestic violence policy tucked away in an employee handbook. Preparedness is far more than having a policy. It requires people who know what to look for, understand how to respond, and have the tools to assess and manage risk consistently.

If you're unsure where your organization stands, I invite you to explore the Presage360 Assessment Center on my website: https://www.presagetraining.com/presage-360-assessment-center

There you'll find two free resources designed to help employers evaluate and strengthen their readiness:

• The Presage360 Workplace DV Response Quiz, which measures your organization's preparedness across key workplace domestic violence prevention and response practices.

• The Workplace Domestic Violence Cost Calculator, developed in partnership with Aimee Says, which estimates the financial impact domestic violence may already be having on your organization through absenteeism, turnover, lost productivity, and related costs.

Many organizations discover that doing nothing isn't avoiding the problem; it's simply allowing the costs and risks to accumulate unnoticed.

The Bottom Line

Domestic violence in the workplace is not simply an HR issue, a security issue, or a legal issue.

It is an organizational risk issue.

The organizations that respond most effectively are not those with the longest policies or the most extensive compliance manuals. They are the organizations that recognize warning signs, communicate across disciplines, assess risk thoughtfully, and take timely, coordinated action.

Because your policies won't protect you. Your practices will.

For organizations seeking guidance on addressing domestic violence risks in the workplace, Presage Consulting and Training, LLC provides specialized, expert training and consulting for security, HR, and threat assessment teams. Contact us at: info@presagetraining.com