Can an employer obtain a copy of a police report if an employee was mugged and sexually assaulted so missied work direct?
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Can an employer obtain a copy of a police report if an employee was mugged and sexually assaulted so missied work direct?
My spouse was mugged and sexually assaulted. She informed her employer of such and advised that she would be working at home to recover. Her higher manager approved. Can an employer request a copy of the police report from police or ask her to provide it to prove incident occurred?
Asked on January 30, 2019 under Employment Labor Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes to both questions.
1) They can certainly ask her to provide proof of the assault, since there is no right to work at home and employers have the power to determine where an employee will work; thus, she has to satisfy them that they should let her work at home, and so they can ask her for the report. (They could also simply say "no" to her request, since again, there is no right to work at home.)
2) Any person, including a business, may make an OPRA (open public records act) request for police or incident reports; the report does not have to be one they made or which directly involved them. It is possible that due to the nature (sexual assault) that the report might not be provided or might at least be redacted, but there is no blanket restriction on them putting the request in.
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