Statutes | Hoopa Valley Tribal Code ยง 14D.5.19 | 2020
(a) Purpose.
Victims of Domestic Violence are oftentimes forced to flee from a perpetrator in order to avoid future danger and 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 section to preclude all employers within the boundaries of the Reservation of the Hoopa Valley Tribe from terminating any employee who can document an instance of domestic abuse which significantly contributed to her absence from employment. Employers have the option of granting such employees leave with payor leave without pay because of domestic violence related absences.
(b) Discharges for Absence of Employment Due to Domestic Violence Prohibited.
It will be a violation of this ordinance for any employer located within the exterior boundaries of the Hoopa Valley 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, that she has been the victim of domestic violence and that such violence caused her absence(s) from work or tardiness to work. In lieu of disciplinary action, the employer will grant the employee leave with or without pay, dependent upon the policies of the employer, for such absences or tardiness.
(c) Penalty for Violation.
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.