Transcript Employment and Housing101: - Florida Council Against

Employment and Housing
Protections for
Sexual Assault Victims
Ebony Tucker, Esq.
Legal Project Director
Florida Council Against Sexual Violence
Learning Objectives

Learn which housing and employment laws are
there to protect victims of sexual assault.

Learn the options for financial assistance when
a client is out of work.

Learn how federal and state discrimination laws
apply to sexual assault and domestic violence
victims
Employment Statistics
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“Ninety-six (96%) percent [of survivors surveyed] reported that
domestic abuse affected their ability to perform their job duties”
(Ridley et al., 2005).
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"Fifty-six (56%) percent of victims of domestic violence reported late
to work because of job interference tactics used by their batterers"
(Swanberg & Logan, 2005).

"Women victims of recent domestic violence had a 26% higher rate
of absenteeism and tardiness than non-victims" (Reeves & O’LearyKelly, 2007).

“The annual cost of lost productivity due to domestic violence is
estimated at $727.8 million, with over 7.9 million paid workdays lost
each year” (National Center for Injury Prevention and Control, 2003).
Leave/ Time Off
 Annual/Sick
 Family
Leave
Medical Leave Act (FMLA)
Annual/Sick Leave
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Earned by employee during their time of
service
Generally, must be exhausted before FMLA
leave, donated leave or statutory protections
can be utilized
Family Medical Leave Act

Provides up to 12 weeks of unpaid leave if employees
have been employed for at least one year and the
employer has 50 or more employees.

Unfair denial of legitimate leave requests may constitute
FMLA discrimination.

If your client believes his/her FMLA claim has been
wrongfully denied, contact the U.S. Department of Labor
at 1-866-4-USA-DOL or visit their website at
http://www.dol.gov/ for more information or to find a local
office.
Public Benefits for Victims
in Mississippi
 Victim
Compensation Fund
 Unemployment
Compensation
Crime Victim Compensation
Program

Provides financial assistance and referrals to victims of crime.

benefits are only for lost wages and expenses that are directly related to the
crime

Operated by the Mississippi Office of the Attorney General
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Eligible Expenses?
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Medical up to $15,000
Transportation costs
Counseling
Funeral expenses
Lost wages
Lost dependent or child support
Relocation and temporary housing
Crime scene clean up and repairs for damaged windows and locks for crimes
that occurred at the victim’s residence
Victim Compensation Cont.
Those Who Qualify:
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A victim of a violent crime who has suffered physical or extreme psychological
trauma;
A relative of a deceased victim who must pay funeral expenses;
A person who witnessed a violent crime;
A MS resident who was victimized by a crime in a foreign country with no victim
compensation program;
Anyone authorized to act on behalf of the victim; or
Dependents of the deceased victim
Those Who Do Not Qualify:
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Claimant who engaged in illegal conduct or aided the offender
A claimant with two previous felony convictions
A claimant convicted of any felony after he or she is a crime victim
Anyone incarcerated when the crime occurred.
Victim Compensation cont.
Other Important Program Restrictions

To qualify for this program, you must have reported the incident to law
enforcement within 72 hours of its occurrence or show good cause for not
doing so.

Application must be received within 36 months after the date of the crime

Child sexual abuse is 36 months after date of first report
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Victims must apply and qualify for this program in order to have their
expenses or lost wages reimbursed.
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All other benefits (Medicare, Workers’ Comp, etc. must be paid out first)
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Claimant must cooperate with law enforcement investigation and
prosecution
Unemployment Compensation

Twenty-four states have passed laws allowing survivors of domestic
violence to leave their jobs due to the violence.

“good cause” standard

States which define "domestic violence" to explicitly include sexual
assault and/or stalking: IN, NC, TX and WA.
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In MS, recent attempts (2006) to establish the same type of law
have been unsuccessful.
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It may be a good option for victims to apply but there is no
guaranteed right to benefits.
Disclosure to Employer
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Should you tell your supervisor/manager about
domestic violence? Sexual Assault?

Will this information be kept confidential?
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Be specific about what you want from your
employer.
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Document! Document! Document!
Anti-Discrimination Laws
 Why
are they important for sexual assault
and victims?
VII of the Civil Rights Act (42 U.S.C. §
2000e et seq)
 Title
Sex Discrimination Claims

Victim should be an employee who is treated
unfairly or differently from another employee
who missed work or underperformed for a
different reason

Usually involves sexual assault/battery that
takes place outside the workplace
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Employer must have known or reasonably
should have known about employee’s situation
Sexual Harassment Claims

Sexual assault/battery in the workplace
constitutes sexual harassment
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Coworker vs. Supervisor abuse

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“Knowledge” can be imputed to employer if abuser is
a manager with sufficient authority
If abuser is a coworker, employer must have known or
reasonably should have known abuse was happening
and made no meaningful attempt to stop the abuse or
remedy the situation in order to be held liable
Housing Protections
 What
are some of the problems with
housing that sexual assault victims face?
 Stalking
 Do
Victims?
these problems differ from domestic
violence victims?
Apartment Leases
 What
happens when a victim wants to
break a lease?
 What



protections are in most leases?
Two reasons always allowed – death and
military service
Penalties for breaking a lease
Subleasors
Housing Rights/Protections
 VAWA (Violence Against
Women Act of
2005)
 Federal
Fair Housing Act (§ 42 U.S.C.
3601 – 3631)
 Mississippi
State Laws?
VAWA Housing Protections

Who does it protect?

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Victims of domestic violence, dating violence, and stalking living in
federally-funded public housing or receiving federal housing assistance
vouchers (tenant-based and project-based “Section 8” vouchers).
What does it do?
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It states that public housing authorities and private landlords accepting
Section 8 vouchers may not deny admission to housing or voucher
assistance to an individual based on his or her status as a victim of
domestic violence, dating violence, or stalking.
It establishes that victims cannot be evicted or terminated from voucher
assistance based on incidents of actual or threatened domestic
violence, dating violence, or stalking, or based on criminal activity
directly relating to such violence, unless an “actual and imminent threat”
is posed to other tenants of the property.
VAWA Housing Protections cont.
 What
effect does VAWA have on private
landlords who do not receive Section 8?
 How
does VAWA protect victims of nonintimate partner sexual violence?
 VAWA
Reauthorization 2010?
QUESTIONS?????
Immigration Information for
Sexual Assault Victims
Ebony Tucker, Esq.
Legal Assistance for Victims Project Director
Florida Council Against Sexual Violence
Aisha N. Chaney, Esq.
The Law Office of Aisha N. Chaney, PLLC.
Learning Objectives
 Basic
immigration language, forms and
resources
 The
differences between T Visas and U
Visas
 VAWA provisions
sexual assault
for immigrant victims of
ACRONYMS

USCIS
United States Citizenship and Immigration Services

ICE
Immigration and Customs Enforcement
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USC
United States Citizen
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LPR
Lawful Permanent Resident
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INA
Immigration and Nationality Act
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VTPA
Victims of Trafficking Protection Act
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VAWA
Violence Against Women Act
BASIC RULES
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Never tell an undocumented person to go alone
to the Citizenship and Immigration Services.
 Undocumented immigrants, including survivors,
should never contact USCIS without talking to
an immigration attorney.
 Undocumented survivors should have an
immigration attorney and an advocate if
possible.
Factors that Contribute to
Repeat Violence
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Lack access to information about laws that can protect
them.
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Distrust for the legal system.
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Do not speak English.
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Typically sends money to family in home country.
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Are isolated from family, friends, and social service
providers.
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Fear of employment sanctions.
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Limited number of interpreters in jails, courts and social
services programs.
History of the U Visa
The U Visa was created under the Trafficking Victims
Protection Act of 2000 (TVPA). It was reauthorized in 2003,
2005, and 2008.
This is a fairly new and untested classification.
It was passed in 2000 without Federal Regulations to fully
implement the visa.
Regulations published after January 12, 2009 clarified the
fees. U visas were adjudicated after this date.
What is a U visa?
The U visa is a nonimmigrant status that may be
available when:
- The victim has suffered substantial physical
or mental abuse as a result of being a victim
of an enumerated crime.
- May apply for LPR status after 3 years.
Examples of Enumerated Crimes:
Rape; Torture; Trafficking; Incest; Domestic Violence;
Sexual Assault; Prostitution; Sexual exploitation;
Female genital mutilation; Being held hostage; Peonage; Involuntary
servitude; Slave trade; Kidnapping, abduction; Unlawful criminal restraint;
False imprisonment; Blackmail; extortion; Murder; manslaughter; Felonious
assault; Witness tampering; Obstruction of justice; Perjury; Attempt,
Conspiracy, or solicitation to commit any of the above
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Adjustment of Status after 3 years
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10,000 allocated U visas issued each year for
principal (this does not include family members)
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No number limitation for derivatives: spouses,
sons , daughters, children, or parents
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Children are sons and daughters that are not yet over
21
Sons and daughters typically indicate sons and
daughters over 21 but not married
Once the cap is met, the applicants are placed on
a wait list and are issued deferred action (they will
get work status during this period).
DIRECT & INDIRECT VICTIMS

One who is directly and proximately harmed by
qualifying criminal activity.
 A person who is not directly harmed but
witnessed the crime.
 May include bystanders, “where bystander
suffers an unusually direct injury as a result of
qualifying crime.”
Forms to Know
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I-918 – U Visa Application
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I- 765 – Employment authorization document (EAD) is
Typically granted and may be provided to derivatives.
Available in one year increments.
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I-192 is a waiver that is submitted when a victim is
inadmissible.
T VISA

Was created by the Trafficking Victims Protection Act of 2000.
A person may apply for a T Visa if he or she is a survivor of a
severe form of trafficking:
(A) Sex trafficking in which a commercial sex act is
induced by force, fraud coercion, or in which the person
induced to perform such an act has not reached the age 18.
(B) The recruitment , harboring, transportation, provision,
or obtaining of a person for labor or services through the use
of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage debt bondage, or slavery
T VISA FACTS
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Unlawful presence in the U.S. must relate to trafficking.
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Victim must have complied with reasonable request for assisting an
investigation or If under the age of 18 and show that he/she would
suffer extreme hardship involving unusual and severe harm if
deported.
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5,000 visas available to the principal.
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Like U visa, there is no number limitation to derivatives.
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Can apply for LPR after 3 years but status lasts up to 4 years. May
be extended if necessary.
VIOLENCE AGAINST WOMEN ACT

VAWA initially implemented in 1994 but
expanded from 1994-2000 to included
immigration relief to immigration victims of
sexual assault, human trafficking, and other
violent crimes.
 Purpose is to cut off the ability of abusers,
traffickers and perpetrators of sexual assault
to blackmail their victims with threats of
deportation, thus avoiding prosecution.
VAWA CONTINUED
Who Qualifies Under VAWA?

Four Elements for I‐360
1.
Relationship to USC or LPR Abuser
2.
Joint Residence with Abuser
3.
Abuse (Battery or Extreme Cruelty)
4.
Good Moral Character
VAWA FACTS
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Good Faith Marriage
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Must file within 2 years of final divorce
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Petitioner can be a parent of a child who has been
abused by a spouse even if parent was not abused
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May apply for permanent residency immediately after
receiving VAWA status.
ASYLUM
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Asylum is a form of relief available to a refugee who
possesses a well-founded fear of being persecuted
based on race, religion, nationality, membership in a
particular social group, or political opinions.
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Well founded fear: a reasonable person in those
circumstances would fear persecution if removed to his
or her home country.
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Must apply within 1st year in the U.S.
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Must be credible.
What are 287(g) agreements?
 Enacted
in 1996.
 Authorizes
(DHS) to enter into agreements
with state and local law enforcement
agencies, permitting designated officers to
perform immigration law enforcement
functions.
QUESTIONS?????
Resources
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Florida Council Against Sexual Violence
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North Mississippi Rural Legal Services
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202-514-2000 or [email protected]
American Immigration Lawyers Association
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1-800-829-6766
U.S. Department of Justice
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1-800-669-4000
Mississippi Attorney General’s Office Crime Victim Compensation Division

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(662)234-8731 (Administrative Office – Oxford)
Equal Employment Opportunity Commission (EEOC)

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(850)297-2000
www.aila.org or 202-507-7600
ASISTA

www.asistahelp.org