IN THE PRESS

Sick pay law should cover abuse victims

June 23, 2009
Peter and Jennifer Buffett
Milwaukee Journal Sentinel

We are very proud to call Milwaukee our hometown. Together, we have lived in Milwaukee more than 50 years and remain close to our families and many friends there. As philanthropists, we have been proud to support the women, children and families of southeastern Wisconsin.

We were never more proud of our hometown than when Milwaukee became only the third city in the nation to guarantee minimum paid sick leave for its workers, by a resounding 69% of the vote last November. Paid sick days are critical for the health, safety and well-being of workers and their families as well as the entire community. Businesses also benefit from higher productivity, lower turnover and reduced health care costs.

Through our work at the NoVo Foundation, we have been deeply committed to helping end the epidemic of violence against girls and women around the globe. As we learn more about discrimination and lack of support for victims elsewhere, we were particularly disappointed to see the same discriminatory attitudes and practices playing out in our hometown in the recent ruling of Milwaukee County Circuit Judge Thomas Cooper in the Milwaukee paid sick days case. The judge overturned the ordinance solely because of the provisions regarding domestic violence, sexual assault and stalking.

Specifically, the judge ruled that the "provisions regarding domestic violence and sexual assault are not rationally related to the ordinance's overall objective of protecting the public welfare, health, safety and prosperity of the City, in order to ensure a decent and healthy life for the people of the City and their families."

Ask anyone who's been battered or raped what they need to be healthy and safe. In addition to treatment for their physical wounds, survivors need to know the attacker will not be able to strike again. That may mean seeking shelter, obtaining a restraining order or working with police and judicial authorities. These are preventative steps that protect victims' health and welfare while affording them an opportunity to heal.

Each of these measures requires time, often for appointments that conflict with work schedules. Each is vital for ensuring that those who have been subjected to violence do not suffer repeat attacks - and that perpetrators are prohibited from attacking others. Police and attorneys who work to prosecute these crimes are able to do so only if survivors have the time to follow through on charges.

While rates of other crimes have decreased in Milwaukee, instances of domestic violence have shot up during this economic crisis. These crimes don't confine themselves to private spaces or the primary survivor. The impact of violence can be devastating to an entire community.

Let's be clear: Lacking time to relocate or take legal action forces many women to stay with an abuser. Too often, victims have to make a choice between their livelihood and their own safety. Advocates continue to get calls from women who have lost their jobs after trying to file a restraining order, being stalked or trying to flee. The delay in implementing the ordinance means those who suffer violence may not even be able to heal physically without jeopardizing their pay and their jobs.

We are heartened that the judge upheld paid sick days as a legitimate labor standard. He rejected all the arguments of the Metropolitan Milwaukee Association of Commerce about the ordinance interfering with state or federal law or collective bargaining agreements, agreed the city has the authority to enact such a measure. But throwing out the entire ordinance because of this one provision will cause serious consequences for the 122,000 Milwaukeeans who currently lack paid sick time.

The guarantee of minimum paid sick days is a great step forward for Milwaukee and our country. We urge that all steps are taken to realize the will of the voters and to protect the health, safety, welfare and prosperity of Milwaukee residents, including those who experience domestic violence, sexual assault or stalking.