Gap, Banana Republic, Old Navy, Piperlime, Athleta. 3,17

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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
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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.

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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)

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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)

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Workplace Violence Assessment Tool
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Interim Safety Steps
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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
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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.

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Security Guard Service Engagement

• Security Guard Consideration Points
• A credible threat of violence or harm based on
  the individuals 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).

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Investigation

• HRM meets with Sarah to gain further clarity
  regarding Toms background and the threats he
  made.

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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?

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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?

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Investigation

• Review Toms 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?

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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?

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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)

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Investigation

• Review Next Steps with Sarah
• Offer EAP
• Discuss Sarahs 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.

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Investigation

• Review Next Steps with Sarah
• Review confidentiality.
• Get the complainant's contact information.
• Agree when you will need to speak with
  thecomplainant next provide your contact
  information.

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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?

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Resolution

• Sarah has decided to move with her sister to
  another state - transfer to another store.
  Permanent transfer to another location at Sarahs
  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.

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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.

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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
  formalizedprogram to handle WPV / DV situations.
  It consists of
• process
• role clarity
• tools

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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.

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Phases
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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.

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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.

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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.

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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.

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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

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Tools

• Investigation
• Handling investigations note taking
• WPV / DV intake questions
• WPV resource guidelines
• Security guard service engagement

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Tools

• Resolution
• WPV resolution options menu
• Resolution conversation guidelines with
  complainant and alleged

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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

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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?

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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?

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