Current through 2024-38, September 18, 2024
As used in this chapter, unless the context otherwise
indicates, the following terms have the following meanings.
A. "Abuse" means:
1. Attempting to cause or causing bodily
injury or offensive physical contact, including sexual assault;
2. Attempting to place or placing another in
fear of bodily injury through any course of conduct, including, but not limited
to, threatening, harassing or tormenting behavior;
3. Compelling a person by force, threat of
force or intimidation to engage in conduct from which the person has a right or
privilege to abstain or to abstain from conduct in which the person has a right
to engage;
4. Knowingly restricting
substantially the movements of another person without that person's consent or
other lawful authority by:
a. Removing that
person from that person's residence, place of business or school;
b. Moving that person a substantial distance
from the vicinity where that person was found; or
c. Confining that person for a substantial
period either in the place where the restriction commences or in a place to
which that person has been moved; or
5. Communicating to a person a threat to
commit, or to cause to be committed, a crime of violence dangerous to human
life against the person to whom the communication is made or another, and the
natural and probable consequence of the threat, whether or not that consequence
in fact occurs, is to place the person to whom the threat is communicated, or
the person against whom the threat is made, in reasonable fear that the crime
will be committed.
B.
"Assault" means intentionally, knowingly, or recklessly causing bodily injury
or offensive contact to another.
C.
"Bureau" means the Bureau of Labor Standards, within the Department of Labor,
which is assigned responsibility for the regulation and enforcement of the law
and rules for the Department.
D.
"Compulsion" means the use of physical force, a threat to use physical force or
a combination thereof that makes a person unable to physically repel the actor
or produces in that person a reasonable fear that death, serious bodily injury
or kidnapping might be imminently inflicted upon that person or another human
being. "Compulsion" as defined in this paragraph places no duty upon the victim
to resist the actor.
E. "Crisis"
means an environment or situation where there is a clear and immediate threat
to the victim's physical or mental health.
F. "Director" means the Director of the
Bureau or Director's designee(s).
G. "Domestic Violence" means abuse or assault
by a family or household member.
H.
"Employer" means the corporation or entity that controls the employee's work
assignments, including managers and supervisors with direct control of the
affected employee.
I. "Family or
Household Member" means spouses or former spouses, individuals presently or
formerly living together as spouses, natural parents of the same child, adult
household members related by consanguinity or affinity, and individuals
presently or formerly living together and individuals who are or were sexual
partners.
J. "Medical Treatment"
means care necessitated by domestic violence, sexual assault, or stalking
provided or prescribed by a licensed or certified medical professional,
including psychiatric assistance or counseling.
K. "Sexual Assault" means the following when
the victim submits under compulsion:
1. Any
act between two persons involving direct physical contact between the genitals
of one and the mouth or anus of the other, or direct physical contact between
the genitals of one and the genitals of the other;
2. Any act between a person and an animal
being used by another person which act involves direct physical contact between
the genitals of one and the mouth or anus of the other, or direct physical
contact between the genitals of one and the genitals of the other;
3. Any act involving direct physical contact
between the genitals or anus of one and an instrument or device manipulated by
another person when that act is done for the purpose of arousing or gratifying
sexual desire or for the purpose of causing bodily injury or offensive physical
contact; or
4. Any touching of the
genitals or anus, directly or through clothing, other than as would constitute
a sexual act, for the purpose of arousing or gratifying sexual desire or for
the purpose of causing bodily injury or offensive physical contact.
A sexual assault may have occurred without allegation or
proof of penetration.
L. "Stalking" means repeatedly following the
victim or being at or in the vicinity of the victim's home, school, business or
place of employment without reasonable cause.
M. "Undue hardship" means significant
difficulty or expense considering the following factors:
1. The nature and cost of the action(s)
requested or required to accommodate the victim;
2. The overall financial resources of the
employer and the effect of the action(s) requested or required on expenses and
resources;
3. The number of persons
employed at the establishment and the effect of the requested or required
action(s) on the staffing of the establishment;
4. The safety and health of the employees,
customers, and the public and the effect of the requested or required action(s)
on meeting those safety and health requirements; and
5. The assessment of undue hardship includes
the fiscal, operational, and geographic relationship of other establishments
owned or operated by the employer or by any parent corporation or entity of the
employer.
