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April 10, 2021<\/p>\n
Ariane Vigna, Boston University State House Program for the Worcester Telegram & Gazette<\/p>\n
BOSTON \u2014 A bill extending workplace protections for domestic violence survivors working in contract jobs is aimed at closing a loophole that allowed a woman to be put out of a job after she missed work to recover from domestic violence injuries, according to sponsors Sen. Ryan C. Fattman, R-Sutton, and Rep. Joseph D. McKenna, R-Webster.<\/p>\n
The current state labor law allows for a leave of absence of 15 days for direct employees who were victims of domestic violence. It does not extend to contracted workers such as Amanda Dabrowski, who was fatally stabbed in 2019 by her former partner Carlos Asencio at O\u2019Connor\u2019s Restaurant & Bar in Worcester.<\/p>\n
\u201cThe bill came about from such a tragic situation,\u201d Fattman said. \u201cA lovely family loses one of their daughters and I would argue strongly that had this law been in place, there\u2019s a chance she wouldn\u2019t go through that downward spiral.<\/p>\n
\u201cLosing her job had tremendous consequences on her life,\u201d he added. \u201cHer family paid the consequences for it and it\u2019s unacceptable.\u201d<\/p>\n
Asencio allegedly attacked Dabrowski on April 21, 2019. As she was recovering from her extensive injuries, Dabrowski missed two days of work at Bristol-Myers Squibb in Devens, where she was working through a temporary agency. She was dismissed on April 23. Less than three months later, Asencio allegedly fatally stabbed Dabrowski.<\/p>\n
\u201cAfter Dabrowski was assaulted in her house with a deadly weapon, the company terminated her contract,\u201d he added. \u201cWe\u2019re seeking to patch up that loophole and protect temporary employees that might be involved in domestic violence that inhibits them from working temporarily.\u201d<\/p>\n
Dabrowski\u2019s father told the Telegram & Gazette that his daughter could have used the 15 days leave of absence \u201cto get her life back together\u201d after she was attacked, but \u201cwas never given that opportunity.\u201d<\/p>\n
Deborah Hall, director of domestic violence services at YWCA Central Massachusetts, said that the organization supports the extension of workplace protections to contracted workers.<\/p>\n
\u201cIt\u2019s a no-brainer,\u201d Hall said. \u201cThat safety net should be provided. When you can\u2019t go to work, you can\u2019t go to work.<\/p>\n
\u201cOn top of the abuse, being scared of losing your job makes the situation even worse,\u201d she added. \u201cWhen you\u2019re a survivor, you have to uproot and change your life, so it\u2019s important to keep that thing that was consistent \u2013 your job.\u201d<\/p>\n
Hema Sarang-Sieminski, policy director at Jane Doe Inc., the Massachusetts Coalition Against Sexual Assault and Domestic Violence, said that survivors should be able to take time off without fear that their economic security will be jeopardized.<\/p>\n
\u201cWhether it\u2019s accessing medical care or getting a restraining order, survivors need to carve out a number of hours during traditional business hours to begin that very long healing process,\u201d Sarang-Sieminski said.<\/p>\n
Under the current law, an employer cannot terminate an employee for missing work because of domestic violence injury. But Dabrowski wasn\u2019t fired; instead, Bristol-Myers didn\u2019t renew her contract through the temporary employment agency.<\/p>\n
\u201cThe company terminated her contract and I would argue that they essentially fired her,\u201d Fattman said. \u201cBecause when you look at her performance evaluations and see that her contract had been extended and she was given a raise, it\u2019s clear she was doing great.\u201d<\/p>\n
The proposed legislation would define what a temporary worker is and cover them under the law.<\/p>\n
Fattman said the bill was urgent in light of the pandemic, as new stresses brought about by job losses and lockdowns may lead to an increase in domestic violence.<\/p>\n
\u201cCertain stressors that weren\u2019t there pre-pandemic were put on society,\u201d he said. \u201cDomestic violence incidents happen when people\u2019s lives are upended and there are new stressors like losing your job, schools shutting down and kids staying home, or caring for a loved one who is sick.\u201d<\/p>\n
McKenna agreed and said the bill was relevant in light of the isolation survivors found themselves in during the pandemic.<\/p>\n
\u201cWe need to shine a light on the issue,\u201d he said. \u201cPeople are at home in close quarters and unable to leave their abuser so the bill becomes incredibly pertinent in this situation.\u201d<\/p>\n
Fattman said the bill had gotten support but the pandemic shut down the legislative process just days after the legislation was filed in March. In November 2019, the two lawmakers met with the chairwoman of the Legislature\u2019s Committee on Labor and Workforce Development, as well as the Senate President and the Speaker of the House.<\/p>\n
\u201cWe got momentum and endorsements, but with COVID-19, everything public health-related got more attention so the bill got sidetracked,\u201d he said. \u201cNow we\u2019re doubling down to make sure this legislation passes.\u201d<\/p>\n
McKenna said he discussed the bill with temporary employment agencies and business advocacy groups, including the Associated Industries of Massachusetts and the Massachusetts chapter of the National Federation of Independent Businesses, who said they wouldn\u2019t oppose the bill.<\/p>\n
\u201cMy concern was that they would see the bill as an encroachment on businesses operating in the way they see fit,\u201d he said. \u201cOur conversations were productive and they didn\u2019t see this as an affront. It\u2019s truly about getting victims the protections they deserve.\u201d<\/p>\n
\u201cIn honor of Amanda\u2019s life and to prevent this sort of tragedy, we\u2019re trying to do what we can to make sure every worker has the same protections,\u201d he added. \u201cDomestic violence survivors don\u2019t need to be victimized twice, once from the assault and once from unfair employment laws.\u201d<\/p>\n
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