Statutes | Hoh Indian Tribe Law and Order Code Title 9 ยง 1.16 | 2020

Victims of domestic violence are oftentimes forced to flee from a perpetrator in order to avoid future danger of violence. In so fleeing victims who are employed frequently miss days of employment and employers respond by terminating or disciplining such employees. It is the purpose of this Ordinance to preclude all reservation employers from terminating any employee who can document within 14 days of an instance of domestic abuse which contributed to his/her absence from employment. Employers have the option of granting such employees leave with pay or leave without pay because of domestic violence related absences. Absences not to exceed twelve (12) weeks.

A. Discharges for Absence of employment Due to Domestic Violence Prohibited. It shall be a violation of this ordinance for any employer located within the exterior boundaries of the Hoh Indian Reservation to terminate or otherwise discipline any employee who has missed work or is tardy to work when such employee demonstrates, either through the filing of criminal or civil proceedings in a court of law or by such other method satisfactory to the employer (e.g. medical documents), that he/she has been the victim of domestic violence and that such violence contributed to his/her absence(s) from work or tardiness to work. In lieu of disciplinary action, the employer shall grant the employee leave with or without pay, dependent upon the policies of the employer, for such absences.

B. Penalty for Violation of Employer. Any employer who willfully violates this section shall be subject to a civil penalty of $500.00 payable to the Tribe in addition to any other remedies the wrongfully discharged employee may have against the employer. Nothing in this section shall preclude a private party from commencing a wrongful termination action against an employer for violation of this section.

C. Penalty for Violation of Employee. Any employee who willfully violates this section by making a false report shall be subject to a penalty of termination.