CASE STUDIES:
A MODEL RESPONSE TO
DOMESTIC VIOLENCE
GAP INC.
Julie East, Gap Inc.
Global Senior Employee Relations Manager
Dan Schlosser, Banana Republic
Regional Loss Prevention Manager
David Harris, Banana Republic
Field Human Resources Manager
Who is Gap Inc.?
• Gap, Banana Republic, Old Navy, Piperlime, Athleta
• 3,170 stores worldwide, nine distribution campuses and
call centers, HQ located in SF and NYC
• 150,000 employees worldwide
• Gap Inc. strives to create an employee culture and
engagement based on our values and policies that
support a positive, open work environment.
Domestic Violence
in the Workplace at Gap Inc.
• Our priorities include:
– Safety of all employees and customers
– Support and dignity of the victim
• Our process includes:
– An assessment and EAP referral
– Where necessary an investigation
– Resolution for the business
Case Study
Miguel, a supervisor in one of our Banana Republic stores,
notices that Sarah, a part-time sales associate, was not acting
like her “usual self.” She is usually positive, outgoing and
always smiling; however, today her behavior is very subdued.
Miguel approaches Sarah and asks her if she is OK, to which
she responded that she is in a difficult position at home.
Case Study
She explains that she lives with her boyfriend, Tom, who
physically and emotionally abuses her. Sarah goes on to
explain that he got her fired from her last job because he came
into her workplace and caused a big scene. Last night he
threatened to harm her at work.
Case Study
Sarah tells Miguel that she is afraid for her safety. Miguel, in
turn, contacts his district manager, Samantha.
Although she does not mention it to Miguel, secretly Sarah is
afraid for Miguel's safety because Tom believes that Sarah is
having an affair with Miguel. Tom had made threats to her,
specifically stating that he intended to kill Miguel with the gun
he owned. Tom also threatened to beat Sarah so that her face
would be unrecognizable.
Assessment
1.
Inform appropriate business partners regarding the
situation:
•
District Manager immediately contacts her Human
Resources Manager (HRM) and Loss Prevention
Manager (LPM); the HRM then reaches out to the
Employee Relations Manager (ERM).
•
ERM / LPM / HRM / District Manager (DM) connect
and assess the immediate level of risk to Sarah and
the store.
Assessment
2.
Assess what we know:
•
The victim has an immediate concern for her
safety.
•
The alleged has stated he intends to harm her
in the workplace.
•
Alleged has a history of violence and possesses
or has access to weapons.
•
A similar incident has occurred between the
victim and the alleged before.
Assessment
3.
Assign the case leader:
•
Based on the initial information provided, the
ERM will lead the handling of this situation;
LPM will provide assistance in securing the
location. HRM will prepare for interviewing
Sarah and Miguel.
Assessment
4.
Determine immediate steps to support Sarah and
ensure workplace is secure:
• Approve EAP for Sarah (as a part-timer). Be
prepared to explain what support the EAP can
provide (counseling, help with a safety plan at home,
referral to safe house or other community resources).
• Consider work modifications (paid administrative
leave for Sarah?).
(continued…)
Assessment
4.
Determine immediate steps to support Sarah and
ensure workplace is secure
• Explore with Sarah what, if any, legal actions she
is considering.
• Armed Security Coverage
• Daily scheduled check-ins to ensure incident has
not escalated.
(maintain until situation is resolved)
Workplace Violence Assessment Tool
Interim Safety Steps
Security Guard Service Engagement
Security Guard Services Offered
• On-site armed or unarmed security guards
• Security Consulting
• Investigation Services including background/data
research (HR approval only)
• Threat Management
• Protection Services
Security Guard Service Engagement
Security Guard Consideration Points
• The complainant has an immediate concern for his/her
safety and cannot be removed from the business.
• The threat involves multiple employees in a store or the
location (i.e., employee/non-employee threatens to shoot
one or more employees at the location).
• Alleged possesses or has access to weapons and/or has
a history of violence.
Security Guard Service Engagement
Security Guard Consideration Points
• A credible threat of violence or harm based on the
individual’s past history or involvement in escalated
situations is present.
• Incident involves a physical act of violence or a similar
incident has occurred between the victim and the alleged
before.
• There has been a business disruption (i.e., location
closure, mall closure, high publicity).
Investigation
HRM meets with Sarah to gain further clarity regarding
Tom’s background and the threats he made.
Investigation
Ask questions to ascertain the relationship between
Sarah and Tom:
• How long have you known Tom?
• What specific actions did Tom say would occur next?
• Do you have anything or anyone who ties you to this
person (e.g., children, possessions, etc.)?
• Has there been abuse in the past? Verbal, physical?
Investigation
Ask questions to ascertain the relationship between
Sarah and Tom:
• Describe these incidents in which Tom became
threatening or physically harmed you in the past?
• Have you ever been to the police? If so, what was the
outcome?
• Have you ever gotten an order of protection (restraining
order) against Tom? What happened after the order was
administered?
Investigation
Review Tom’s individual history:
• Does Tom have any history of violence?
• Has Tom ever been convicted or arrested of a crime to
your knowledge? If so, for what?
• Does Tom have any association with any gangs or
organizations that you are aware of?
Investigation
Ask questions to gain any further information:
• What are your plans now? Are you planning to
change any part of your current situation?
• Do you, your family or friends know of the situation?
If so, what have they recommended?
• Do any of your co-workers or managers know, and
can they recognize Tom?
Investigation
Capture alleged personal information:
• Full name
• Date of birth
• Address of record
• Distinguishing characteristics (for easy identification
should alleged come to location)
• Request picture of alleged (if applicable)
Investigation
Review Next Steps with Sarah:
• Offer EAP
• Discuss Sarah’s role as it relates to the safety issues
– Process for forwarding any requested information
or documents.
– Timeframe and steps that will be taken to assess
the risk.
Investigation
Review Next Steps with Sarah:
• Review confidentiality.
• Get the complainant's contact information.
• Agree when you will need to speak with the
complainant next; provide your contact
information.
Investigation
Conduct Next Steps
• Acquire background check on Tom.
• Meet with Miguel.
– How long have you known Tom?
• Confer with Forensic Psychologist.
– Does Tom have any history of violence?
Resolution
• Sarah has decided to move with her sister to another
state - transfer to another store. Permanent transfer to
another location at Sarah’s request.
• Temporary transfer of Miguel to another location.
• Sarah decided to file an order of protection against
Tom.
• Continued use of the EAP is provided to Sarah.
Resolution
• Establish a commitment letter.
– When the alleged is not an employee and
recurrence of violence or threats cannot be tracked,
this letter is signed by the complainant (EE) as a
commitment to provide updated information as it
becomes available regarding the alleged or the
situation.
• Continued LP / Security support for location for a
determined length of time.
Question:
How were we able to resolve the matter of the safety of
the victim and the safety of the workplace as our
priorities?
Answer:
Gap Inc. has created and implemented a formalized
program to handle WPV / DV situations. It consists of:
– process
– role clarity
– tools
Process
• Our program consists of thinking about a domestic
violence or other type of workplace violence situation in
three phases: the assessment phase, the investigation
phase and the resolution phase.
• Development of a process map, which details the
steps that occur and the tools that are utilized within
each phase.
• Education sessions with all ER / HR / LP leaders
that would utilize the WPV program.
Phases
ASSESSMENT PHASE
Understand the issue
in order to take
interim steps to
secure the safety of
employees,
customers and the
workplace and
provide support to the
victim of domestic
violence.
INVESTIGATION PHASE
Gain information to
evaluate the situation
and move to
resolution.
RESOLUTION PHASE
Resolve the situation
in a manner that is
consistent with the
company’s values
and ensures the
safety of all
employees and
customers.
Role Clarity for Internal Business Partners
Employee Relations - Responsible to ensure
appropriate case management, investigation and resolution.
Escalate to appropriate internal experts for consultation
(e.g., Crisis Management, Legal). Involve external resources
for consulting, as needed (e.g., Dr. Madero, outside
counsel). Responsible to inform ER leadership of case
progression.
Role Clarity for Internal Business Partners
Human Resources - Responsible for communication
and information to and from the employee - and to ER, LP
and Business Leaders. Provide recommendations during
investigation and at resolution. Responsible to inform HR
leadership of case progression. At times, may be the
primary investigator and point of contact for involved
employees.
Role Clarity for Internal Business Partners
Loss Prevention - Ensure safety and security of
employees, customers and store environment. Gather
relevant information from local authorities. Engage and
manage outside security vendor. Assess and consult during
investigation and at resolution. Responsible to inform LP
leadership of case progression.
Role Clarity for Internal Business Partners
Business - Fact gatherer and conduit for information
in and out and up and down. Executor of corrective
action/outcome. Responsible to inform Business
Leadership of case progression. At times, may be the
primary investigator and point of contact for involved
employees.
Tools
Our program consists of tools which provide a construct
for the appropriate expert to utilize during their
involvement in handling a WPV / DV situation.
Assessment:
–
–
–
–
WPV assessment tool
Interim safety steps
Interim steps execution and conversation guidance
Paid admin leave / Victims of Domestic & Sexual
Violence Leave
Tools
Investigation:
– Handling investigations note taking
– WPV / DV intake questions
– WPV resource guidelines
– Security guard service engagement
Tools
Resolution:
– WPV resolution options menu
– Resolution conversation guidelines with
complainant and alleged
Tools
Other:
– WPV policy and process map
– Escalated issues monitoring and follow-up process
– Indirect civil disturbance or incidents procedures
– Commitment letter sample
– Memo to file sample
Things to Think About
• What culture have you established at your
organization that enables your employees to
approach their supervisors in situations such as WPV
or DV?
• Do you know the services provided by your EAP? Do
they screen for domestic violence during intake?
Things to Think About
• Are your people clear on what to do when they heard
of domestic violence cases?
• Do you have a process to assess and investigate (if
necessary) with roles clearly identified?
• Do you know all the options to consider?
• Do you have an expert with which you can consult?