The Washington legislature recently passed legislation allowing employees who are victims of domestic violence to collect unemployment compensation under certain circumstances. Employees now have "good cause" for quitting their jobs if they quit because it is necessary to protect themselves or an immediate family member from "domestic violence."
"Domestic violence," as defined by Washington's Domestic Violence Protection Act, includes not only physical harm or bodily injury, but also threats, threatening behavior, harassment, verbal abuse, and sexual assault. "Domestic violence" can occur between any "family or household members," not just married couples. "Family or household members" can be spouses, former spouses, persons who have a child in common regardless of whether they have ever lived together, roommates/housemates who have had a dating relationship, children, parents, step-parents, and grandparents.
Employees who are victims of domestic violence may experience problems with absenteeism, productivity, or emotional distress. Choosing to terminate or discipline an employee based on such problems could result in employer liability.
Under Washington law, an employer may be liable for wrongful discharge if that discharge violates a clearly mandated public policy. The new legislation allowing domestic violence victims unemployment benefits, as well as the Domestic Violence Prevention Act, could serve as that clearly mandated public policy.
California's Victims of Domestic Violence Employment Leave Act prohibits firing or otherwise discriminating against victims who need time off to attend court, medical appointments, or counseling. Although such accommodations are not currently required under Washington law, they are good measurements of reasonableness that should be considered by Washington employers, while also taking into account the privacy rights of the victims.