Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

Ripple Effects of Sexual Assault: Employment Issues
Like many other “ripple effects” of sexual assault, employment issues usually are not what spur survivors
to seek assistance from rape crisis centers. More often survivors voice concerns about their safety or
privacy, and perhaps assume they simply have to “deal with” the problems they experience at work.
However, employment issues can be central to a survivor’s needs. We have already discussed the
burdensome expenses many survivors incur, and how important finances are to finding and maintaining
housing. If a survivor’s job is also in jeopardy, that means she or he might lose the income necessary to
address other issues or to care for children. And in addition to money, a survivor’s job might mean a lot
on an emotional level—the workplace could be one of the only places where people don’t know about the
assault and she or he is not seen as a victim.
Loss of employment following a sexual assault is a serious and widespread problem. Research verified and
adopted by the United States Senate indicates almost 50 percent of sexual violence survivors lose their
jobs or are forced to quit as a result of the crime. 1 Some common reasons include frequent absence from
work due to trauma or court dates, faltering productivity, and perceived disruptions of the workplace.
Therefore, it is very important for advocates and anyone else performing intake, case evaluation, or safety
planning to be knowledgeable about employment issues facing sexual assault survivors. It is very likely
that you will be uniquely positioned to identify employment issues and potential solutions or strategies
that have not occurred to the survivor.
IMPORTANT: Always consult an immigration lawyer before assisting an immigrant
survivor with employment issues. Even if the survivor has a legal immigration status,
any change or action taken regarding employment could seriously affect her or his status.
(p. 123, Immigration)
Background: Texas Employment Law
The general rule for Texas employees is “at-will” employment. Simply put, that means employers in
Texas have the right to terminate employees at any time, for almost any reason, or for no reason at
all. Of course, there are some exceptions to that rule, which can sometimes provide protection to sexual
assault survivors whose jobs are in danger or have been lost. This chapter will examine the various laws
that create exceptions to the “at-will” rule and discuss their utility for sexual assault survivors.
There are three sources that might provide survivors with legally enforceable job protection. One or more
of the following may apply at the same time:
1. Employment contracts: The employer’s contractual agreement with the employee
2. Union collective bargaining agreements: The employer’s contractual agreement with the
employee’s labor union
3. State and federal statutes: Laws passed to address special issues, such as discrimination and
medical leave
1
S.
REP. NO. 138, 103rd Cong., 2d Sess. 54, n. 69, citing E. Ellis, B. Atkeson and K. Calhoun, An Assessment of the Long Term Reaction to Rape,
50 J. Abnormal Psychology No. 3, 264 (1981).
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