The nation has made great strides in addressing many issues surrounding domestic violence since passage of The Violence Against Women Act of 1994.  This legislation helped dispel the myth that living with domestic violence was a lifestyle choice of the victim.  The landmark law directly impacted federal and state laws which today recognize domestic violence as a crime for which the abuser, not the victim, is responsible.

Unfortunately, much more still needs to be done to help victims become survivors.  The incidence of domestic violence continues to be a national tragedy that impacts families across all spectrums of our society, regardless of ethnicity and economic status. Studies estimate that in the United States up to one-third of women will be physically or sexually abused by a husband or boyfriend in their lifetime.

Credible research has found that the inability of survivors to financially support themselves and their children is a critical factor contributing to them staying in an abusive relationship.  Without the ability to be self-sufficient, many survivors are left with the terrifying choice of staying with their abuser or being unable to provide for themselves and their children.

While many states, including California, have taken action to help survivors retain their financial independence, the job protections offered by state laws vary dramatically.  For example, in 21 states, when a survivor is forced to quit a job due to the abuse, the individual is not eligible for unemployment benefits.  Furthermore, only nine states protect a survivor’s job if they are attacked by a partner or spouse and need time off to find a safe place to live. These discrepancies in state laws often determine whether a person will continue to be a victim of abuse or a survivor.

To replace the uneven and often insufficient protections offered by existing state laws, I have joined in a bipartisan effort with Congressman Ted Poe (TX-2) to address this national problem.  We have introduced three bills to help victims of domestic violence become survivors regardless of where they live in the country: The Job Protection for Survivors Act; the Insurance Non-Discrimination for Survivors Act; and the Unemployment Insurance for Survivors Act.

Our bills address three key economic factors that prevent many survivors from leaving an abusive relationship by providing them with the employment protections and the increased economic stability they need to leave their abuser.  

The Job Protection for Survivors Act will allow survivors of domestic violence to take limited leave from work - without the fear of losing their jobs - to make necessary court appearances and obtain other forms of protection.  Employees will also have job protection if they ask for reasonable safety modifications in the workplace.

The Insurance Non-Discrimination Act for Survivors will prohibit employers or insurance providers from basing hiring or coverage decisions on an individual’s history of abuse.  This will help address the fear many have of seeking help because they know companies may use documents such as police records to drop or reject their insurance coverage.

The third bill, the Unemployment Insurance for Survivors Act, guarantees that survivors are eligible for unemployment benefits.  Current federal law remains inadequate in ensuring survivors have the resources they need while seeking new employment and a safe place to live.

Passage of this package of bills could literally make the difference between life and death for many survivors of domestic violence.  This significant milestone in the fight to end domestic violence would empower survivors to address the violence in their lives and end the cycle of abuse that has a devastating effect on so many of America’s families. 

(Congresswoman Lucille Roybal-Allard (CA-34) is a longtime advocate on behalf of survivors of domestic violence.  In the California State Assembly, where she served three terms, the congresswoman won passage of legislation that strengthened the legal definition of “consent,” as it relates to victims of sexual assault.  She authored a law that requires state courts to consider a batterer’s history of domestic violence during child custody hearings.  She was also the original author of legislation outlawing spousal rape in California. Since entering the U.S. House of Representatives, the congresswoman continues to be a lead advocate on behalf of survivors of domestic violence.  She has introduced legislation to help survivors maintain their financial independence in every Congress since 1996. Her  provision creating a National Resource Center on Workplace Responses to Domestic Violence was enacted into law as part of the Violence Against Women Act of 2005.  In recognition of her efforts to assist survivors of domestic violence, the congresswoman has been honored by many advocacy organizations, including the National Network to End Domestic Violence, the California Partnership to End Domestic Violence, the Volunteers of East Los Angeles/Voices Against Violence Campaign, the East Los Angeles Women’s Center and the Los Angeles County Commission for Women (LACCW).  More information about the congresswoman is available by visiting her web site at www.house.gov/roybal-allard.)
 

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