To be Americans with Disability Act (ADA) compliant, human resources departments might have to add dating or domestic violence, stalking and sexual assault to the list of discriminatory acts effecting current or prospective employees.
In a fact sheet issued by the EEOC that explains the ADA may relate to human resources situations concerning employees, applicants or prospective employees who experience sexual assault, stalking or dating/domestic violence.
Title VII of the Civil Rights Act of 1964 bans discrimination by race, color, sex, religion, or national origin. The ADA prohibits discrimination due to a disability.
None of these statutes explicitly lists violence/assault/stalking as protected, but now the EEOC says these factors might apply to human resources interactions.
Employers and human resources departments are prohibited from treating employees or job applicants differently based on gender, including sex-based stereotypes.
Employers also cannot create a hostile work environment or use “tangible employment action” based on gender.
The EEOC provides several examples of the times where domestic/dating violence, stalking or sexual assault may be considered action based on gender: