a treatment counselor, clinical supervisor, and/or security guard might very well have such authority.
An issue of concern in taking corrective action against an employee who is arrested for a domestic violence offense is the possibility that the employee is, in fact, the victim of domestic violence, rather than the abuser. Chapter 4 of the Laws of 1997, effective January 12, 1998, states that, in family offense cases, where both parties allege an offense, arrest of both parties is not required if an officer believes one party was acting in self-defense, and, in misdemeanor cross-complaint cases, police are required to arrest the primary physical aggressor. Nonetheless, arrests of victims may still occur. An important consideration in conducting a thorough investigation that would prevent employees who are victims from being unfairly penalized on the job, therefore, is to attempt to determine if an arrest has been made for an offense that was committed in self-defense.
c.In cases in which an employer has verification that an employee is adjudicated for a domestic violence offense, or is enjoined by a final Order of Protection as a result of domestic violence, and said employee has job functions that include the authority to take actions that may negatively impact victims and/or actions that may protect abusers from appropriate consequences for their behavior, said employee should be subject to corrective or disciplinary action, in accordance with existing collective bargaining unit agreements and statutory regulations
See discussion in 2. b. above.
d.Employers should develop a specific policy with regard to employees who are arrested, convicted, or become subjects of Orders of Protection as a result of domestic violence and who are authorized to carry a firearm as part of their job responsibilities. The policy must, at a minimum, be consistent with New York State and federal law.
While there is no fool-proof way to accurately assess the potential lethality of abusers, the likelihood of homicide is greater when abusers own and have access to weapons and have used them or threatened to use them in