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Risk Mitigation Series: Is It Insubordination or a Trauma Response from Domestic Violence and Abuse? Series 2.

By Rachel DePalma | Certified Advocate 

Is It Insubordination or a Trauma Response from Domestic Violence and Abuse?

Before we dive into the differences between insubordination and a trauma response, we need to first understand 1 in 3 women and 1 in 4 men will experience domestic violence in their lifetime, the chances of a co-worker or a direct report having a change in behavior may not be insubordination and based on these statistics it is highly likely due to domestic violence and abuse.

If you think domestic violence and abuse is "not your business", read those statistics again; abuse does not end when the victim leaves for work. The Gradian published an article that every Legal, HR and Risk Mitigation Leader needs to read, "Domestic abuse isn’t your business? Yes it is’: the push for employers to do more to protect their staff". Most companies refuse to talk about domestic violence and offer no trauma informed training for HR or their people managers. Trauma informed training should go hand in hand with sexual harassment training because both issues are a risk to a company's profits and reputation. 

At this point, every company in America is aware of the movement that flipped the Corporate world on its head. Companies were forced to put a solution in place to mitigate risk by implementing mandatory sexual harassment training. But did you know in California there is a law that was passed in 2014, Senate Bill 400 which prohibits employers from discriminating or retaliating against employees who are survivors of domestic violence, sexual assault or stalking? Well if you did not know, you do now. 

Why is all this important? Understanding the impact an employer has when they put victims and survivors of domestic violence and abuse into a position to choose between their financial security and their physical safety should never be exploited by an employer as an excuse to deploy insidious and abusive 'managing out' tactics against a domestic violence victim's normal response to trauma. These vile and socially irresponsible tactics only further rewards abusive behaviors that feed a toxic work environment and costs the company money with damage to their reputation and unnecessary legal fees. 

Insubordination and trauma responses are distinct concepts, but they can sometimes be related or overlapping in certain situations. 

Let's look at both terms:

- Insubordination: Insubordination refers to the act of willfully disobeying or resisting authority, typically within a hierarchical structure such as an employer-employee relationship or a military setting. It is generally considered a behavior that challenges or defies the authority or orders given by someone in a position of power.

- Trauma Response: Trauma responses are reactions that individuals may have after experiencing traumatic events. Domestic violence is a traumatic experience that can leave lasting emotional and psychological effects on victims. Trauma responses can manifest in various ways, such as anxiety, depression, dissociation, hypervigilance, avoidance, or difficulty trusting others.

The connection between insubordination and trauma response can emerge if a victim of domestic violence experiences triggers or flashbacks related to their trauma in a situation that involves authority figures or perceived threats to their safety and well-being. For example, if a person has experienced controlling or abusive behavior from an authority figure in the past, they might exhibit behaviors that could be perceived as insubordination when faced with similar situations in the future.

It is crucial to approach such situations with empathy and understanding, as the person's behavior may be a reflection of their past trauma rather than a deliberate act of defiance. A trauma-informed approach can help create a supportive environment that considers the individual's past experiences and helps them heal and develop healthier coping strategies.

Most company's think they are doing the right thing by having a list of phone numbers and websites for the victim to contact is enough, it is not. Providing a list of resources the victim can easily obtain off the Internet hardly qualifies as a "corporate benefit" to support victims and survivors of domestic violence and abuse. 

Here are a few solutions:

Hire Certified Victim Advocates: to mitigate risk to your company and show support for this social issue would be to have certified victim advocates as part of your Legal, HR and Risk Mitigation leadership teams to help people managers navigate the differences between a problem employee and someone who is showing signs of domestic violence and abuse. Certified victim advocates can also work with Legal, HR and Risk Mitigation leadership to implement training programs to help bring awareness to this social issue and mitigate risk from legal action taken against the company for workplace misconduct.

Paid Trauma Leave: providing the victim with paid time off, where their vacation time is not part of the equation, can help to provide the victim with the time and financial means to find a safe place to live and to fight their abuser in court. It is important for employers to understand that a survivor's fight to get out does not stop with finding a safe place to live so they can leave, post abuse is where the abuser continues to perpetuate the abuse after the survivor has left. Settling one court issue is NEVER the end of the abuse for most survivors. The abusive party will use the legal system to further their reign of terror by filing frivols motions to drag the survivor back to court, this is known as litigation abuse and can go on for years even decades after the survivor has left the relationship. 

Emotional Intelligence Requirements: requiring that HR and other people managers pass an emotional intelligence test could further reduce the risk of not only instances of sexual harassment, but it could also protect victims and survivors of abuse from further exposure to triggering behaviors by their managers as motioned above. 

Trauma Informed Coaching: providing trauma informed coaching by certified specialist to HR and other people managers, AFTER they have met the emotional intelligence requirement, would further mitigate risk to a company's profits and reputation by having their qualified employees trained to spot the signs of abuse earlier to avoid further perpetuating abuse against a victim and survivor of domestic violence and abuse, where employers will often deploy insidious and abusive 'managing out' tactics as mentioned above, because HR and people mangers often do not understand what a trauma response looks like in the work place. 

No Peace No Quiet, Inc., can work with your organization's CSR program team to support victims and survivors of domestic violence and abuse with an educational awareness program.  Please contact us for a customized quote for these services.  All funds earned from this service go to support No Peace No Quiet, Inc.'s, business operations. For more about our CSR program, go to our services page under CORPORATE SOCIAL RESPONSIBILITY (CSR) PROGRAMS.  

No Peace No Quiet, Inc. Supports The Workplace Psychological Safety Act.
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