Updated 2/14/2012

       On November 30, 2009, the former President, Howard R. Roberts, issued Memorandum No. 4.29.0 entitled “Domestic Violence and the Workplace Policy”. This policy was established by the MTA New York City Transit, MABSTOA, SIRTOA in regard to domestic violence in the workplace.  The purpose was to increase the awareness of domestic violence, to inform employees of the available resources for assistance and to ensure that the NYCTA policy and procedures are fair and responsive to the victims.  In addition, the Authority sought to establish workplace safety, response plans, offer education and training and to hold employees accountable for misusing the TA resources for violating their duties in committing an act of workplace violence.

            The policy is directed to people who have an intimate relationship wherein one partner has committed acts of domestic violence such as “coercive tactics, including physical, psychological, sexual, economic and emotion abuse” against the other partner.

            The Authority, by this policy, seeks to make more people aware of the issues involving domestic violence and how best to identify those employees who may have issues in a way that the Authority wants to address.  The Authority has materials that are provided to new employees in reference to this issue. 

            In addition, there are workplace safety plans that will attain a written record of all domestic violence incidents that occurred in the workplace as well as any reports of domestic violence by employees that did not occur in the workplace.

            The Authority will provide referrals for those employees who are injured by reason of domestic violence.

            The Authority will comply and assist with the enforcement of all court orders of protection. 

            The policy also advises victimized employees to immediately notify of any act of domestic violence or immediate threat to the New York City Police Department and the MTA New York City Transit Department of Security and the MTA/NYC Transit Office for the Prevention of Domestic Violence.

            The NYC Transit employees will be subject to disciplinary action who “(1) use agency resources to commit acts of domestic violence; (2) commit an act of domestic violence from or at the workplace or from any location while on official business; (3) use their job related authority and/or agency resources to negatively affect victims and/or assist perpetrators in locating a victim and/or in perpetrating an act of domestic violence.”

            An employee who commits any of the above referenced acts will be subject to disciplinary action.  Those employees who have been the victim of domestic violence are able to seek assistance from the Authority. 

There is a requirement that all incidents of domestic violence that occur in the workplace be documented and immediately forwarded to the New York City Transit Office for Prevention of Domestic Violence.

MTA/NYC Transit indicated that it would, to the extent practicable and permitted by law, maintain all information related to an employee being a victim of domestic violence – confidential.

Section 10.2 of this Policy, indicates “supervisors, managers or security personnel may be made aware of a domestic violence incident in the workplace or a report of domestic violence if necessary to protect the safety of the employee or the employee’s co-workers.”  It would appear that there is an affirmative obligation on behalf of supervisors, managers or security personnel to immediately notify the appropriate people as to the report of domestic violence.  This would appear to be an affirmative obligation which might, should the supervisor, manager or security personnel not do so, subjects that person to a disciplinary action.  Be guided accordingly.