Survivors of domestic violence, sexual assault, and stalking face increased instability when trying to address or escape abuse. This typically impacts their employment and economic security. As a result, survivors can face unique obstacles that may adversely impact their work and may need to plan for their safety, seek workplace adjustments, or take time off to address the impacts of the abuse. Many risk losing their jobs at a time when their financial independence is paramount, and employers regularly take adverse action against survivors based on how violence impacts survivors at work or based on stereotypes of about survivors of gender-based violence. Recognizing these challenges, states and territories are increasingly enacting laws that provide survivors with employment protections.

This guide aims to provide information on state workplace protections for survivors to (1) assist survivors and their advocates to identify and utilize applicable legal protections in their state; and (2) provide legislative advocates and policymakers with an overview of existing laws in this area so they are better equipped to enact or strengthen legal protections within their states.

This guide outlines applicable protections in each state, district, or territory within the following four categories:

· Anti-discrimination protections that typically prohibit discrimination either based on status as a survivor or for taking leave to address abuse;

· Reasonable accommodation protections that allow employees to request certain adjustments at work to address abuse;

· Leave protections, which allow eligible employees to take paid or unpaid time off for reasons related to the abuse;

· Unemployment insurance eligibility protections, which allow survivors to qualify for unemployment even if they voluntarily leave their jobs to address abuse.

State, district, or territory-level protections vary significantly. For instance, some jurisdictions have enacted protections in all four categories while others have yet to enact any employment protections for survivors. The nature of these protections varies as well; for instance, some states offer extended paid leave to survivors, while other states offer only limited, unpaid leave to crime survivors participating in the criminal justice system. In some states, protections apply only to survivors of domestic violence, while other states have extended protections to victims of sexual assault, stalking, and other forms of violence or abuse. The table at the end of the introduction illustrates which states have enacted robust state-level protections for survivors.

In addition to their rights under state law, survivors of domestic violence, sexual assault, and stalking may be eligible for certain protections under federal law. For example, a survivor may qualify to take unpaid job-protected leave under the federal Family and Medical Leave Act (FMLA), may qualify for protections under the federal Americans with Disabilities Act (ADA), or may be entitled to protections against sex discrimination under Title VII of the Civil Rights Act of 1964. In addition to federal protections, there may be local laws that apply to survivors, or employer policies may provide additional protections as reflected in employee handbooks or policies or union agreements.

Note that this resource is for informational purposes only and is not intended to provide legal advice. The guide may not reflect new protections enacted after December 2023.

If you are a survivor in need of legal assistance, or you would like additional information, you can contact the Legal Momentum Gender Equality Helpline at (1-800-649-0297), Help@LMHelpline.org, or fill out our Helpline Inquiry Form here.

This publication was completed with the assistance of partners, including Manatt, Phelps & Phillips.