By BLR Senior Editor Chris Ceplenski
Just My E-pinion
Workplace bullying is the hot new area for HR managers, and antibullying legislation is in the air. Does it make sense? Can you fight bullying? A BLR senior editor tackles these questions and more.
Bullybusters.org, the website for the National Coordinators of U.S. State Legislative Initiatives to Stop Workplace Bullying, notes that 13 states have now introduced (some more than once) antibullying legislation since 2003. In 2007 alone, eight states introduced such bills, which would hold employers accountable (“vicariously liable”) for workplace bullying.
These bills generally prohibit employers from subjecting an employee to an abusive work environment. As an example, Washington State’s proposed antibullying legislation defines an “abusive work environment” as one in which “an employee is subjected to abusive conduct that is so severe that it causes physical or psychological harm to the employee.” Abusive conduct “may include, but is not limited to, repeated infliction of verbal abuse such as the use of derogatory remarks, insults, and epithets; verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating; or the gratuitous sabotage or undermining of a person’s work performance.”
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The Workplace Bullying Institute believes that the critical defining characteristic of workplace bullying is that it harms the health of the targeted individual.
The Institute maintains that health endangerment distinguishes bullying from routine office politics, teasing, roughhousing, prickliness, incivility, and boorishness. It contends that bullying can cause high blood pressure, digestive problems, and loss of sleep, as well as stress-related health diseases, such as general anxiety disorder, clinical depression, and post-traumatic stress disorder.
What recourse do bullied employees have? Generally, none. While federal (and most state) fair employment laws prohibit practices that discriminate on the basis of age, race, color, gender, national origin, religion, and disability, there is little recourse for an individual who endures abusive treatment unrelated to one of these protected characteristics. While employees can bring employers to court claiming intentional infliction of emotional distress, such “generic” cases of workplace abuse rarely result in liability for employers.
So, is antibullying legislation a good thing? As an editor with a primary audience of HR professionals and employers, I probably should argue that these laws would open up floodgates of litigation; that the definition of “abuse” used in such laws is too broad and will allow for too many frivolous claims; and that hypersensitive employees who don’t like being criticized by their supervisor will cry “bully.”
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However, over my years of researching and writing about employment law cases, I’ve written too often about individual employees who endured unfathomable emotional abuse at the workplace–while HR professionals and employers who knew about the situation did nothing.
Failing at Our Jobs
HR professionals who are aware of bullying and allow it to continue are failing at more than just their job. They are failing the employees who suffer the psychological and physical effects of such abuse.
Will there be frivolous lawsuits if antibullying legislation is enacted? Sure. No one can stop an employee from bringing a baseless lawsuit. But that does not mean that employers and HR professionals should be spared the responsibility of training managers and supervisors not to engage in behavior that leads to a hostile and unproductive workplace—which, in my opinion, is marked by the type of conduct these antibullying bills seek to prohibit.
Furthermore, the bills offer an affirmative defense, similar to the one provided by the Supreme Court regarding sexual harassment.
That is, an employer could probably avoid liability if it could show that it “exercised reasonable care to prevent and to promptly correct the abusive conduct and the aggrieved employee unreasonably failed to take advantage of appropriate preventive or corrective opportunities provided by the employer.” What it comes down to is this: As long as employers do the right thing, they can avoid liability.
Finally, do you really want supervisors and managers working for you who mistreat your talented employees? Don’t you want a workplace free from abuse, particularly if it creates a happier, healthier—and ultimately more productive—workforce? I think the proposed antibullying laws create a trade-off that benefits employees and employers alike. And that’s my e-pinion. What’s yours?
Will antibullying legislation work?
REGARDING THE ANTI-BULLING LEGISLATION……GOOD ARTICLE….UNFORTUNATELY,WHAT SHOULS BE COMMOM SENSE HAS TO BE LEGISLATED. LET’S NOT FORGET ABOUT THOSE IN MANAGEMENT (STRAW OR OTHERWISE) WHO ACTUALLY USE THIS TYPE OF BEHAVIOR AND CALL IT “OF BENEFIT”…. THE MANY FORMS OF “BULLYING” AT ONES WORK PLACE HAS LONG SINCE HAD TIME TO BE INCULTURATED IN FAR TO MANY WAYS AND SUPPORTED EITHER BY DEFAULT, TACIT ENCOURAGEMENT OR OUTRIGHT ACTIVE PARTICPATON,EITHER WAY IT IS TIME TO HAVE ACCOUNTABILITY. YES,WE SHOULD EXPECT TO HAVE MANY “MEETINGS OF THE MIND” TO EXPECT BUSINESSMEN TO TAKE THIS FORM OF ACCOUNTABILITY AS A SERIOUS MATTER……WHEN PAYOUTS BECOME 8-11 MILLION DOLLARS FOR MANAGEMENT INCOMPETENCE (REFERRING TO THE DETROIT MICH.LAWSUIT BY AGGRIEVED CITY EMPLOYEES WITH MAYOR KILPATRICK SEPT.07) AND THESE MONIES ARE PAID OUT BY PRIVATE BUSINESS VERSES TAX PAYER COSTS….THE SHARP POINT OF A STICK MAY WAKE UP THOSE TO THEIR ACTUAL RESPONSIBILITIES ……jUST MY TWO (2) CENTS THANK YOU SAM ORTIZ DETROIT,MI.48209
The bully I work for is the bosses wife. She is a tirant and is consistetly belitteling the brother and myself. We had a blow out and that was my final straw. I filed a Workers Comp complaint because my nerves were shot, blood pressure through the roof and lack of concentration. After all the workers comp paperwork, the boss saying I can walk out the door and the fact that if I ended up going to w.c. shrink it would be on my record (for other employers to see) I decided to suck it up. I have a choice-find a new job, quit, or look at my job in a whole other light. I chose to stay. And Below is what I did.
“The Law of the Garbage Truck.” “Many people are like garbage trucks. They run around full of garbage, full of frustration, full of anger, and full of disappointment. As their garbage piles up, they need a place to dump it. And if you let them, they’ll dump it on you. When someone wants to dump on you, don’t take it personally. You just smile, wave, wish them well, and move on. You’ll be happy you did.”
The Anti-Bullying legislation won’t help. How can it? Workers Comp could not help me. Most employees are “at-will” on the payroll.
Can you imagine the court system piling high with employees filing complaints on THIS legislation? Ridiculious. You hate your boss, you can’t stand the people you work with… you leave. The world is pretty darn big.
Just a thought.
CK, Orange County, CA
I fully support this type of legislation!!! I recently went through the exact same thing this law will help stop or at least make companies aware. I under went such emotional distress, humiliation about my managers perceived thoughts on my ability (no others in the company thought same), stress, abuse etc that it cause significant health issues including an emotional breakdown, depression and eventually a mental health hospitalization. I reached out and followed what I as an HR professional thought as protocol including contacting our Integrity Line (of which during investigation manager backed off), when it was determined after only talking to my manager and none of my dozen (literally) witnesses I was at fault it became even worse and that is when I was admitted to a mental health facility for 6 weeks. When I came out, my position was eliminated. Told it was in the process the week I went into health facility (which was 5 days after investigation was cancelled). I am a single mother and was told the company had big bucks. Could fight but would be a long battle as there is NO LAW against this type of harrassment!!!! So took my severance and found a great new job! Do I look back with wanting vengance, absolutely!! Even now….still contemplate legal actions as hospital stay has cost me my home due to the bills!!!!
Many of these situations happen within the middle management ranks, unfortunately, this is where most companies fail in their management training. Most middle managers learn on the job, when actually they need training, so that they can learn how to properly handle management/supervisor situation. Middle management errors can cost a company a lot of money in litigation and turnover.
With these type of laws in place, may not companies will do what they are suppose to do when someone is promoted, TRAIN THEM!
I support this legislation. One of my staff members went through this ordeal with our Sr. Manager. He was choked and hit while he was sitting down at his work station. He had to get up out of his seat so he could breathe and all along our Manager felt he did not do anything wrong. He would flick his finger and/or hand at the women in the department and they would complain at how much this hurt them. This Manager would make derogatory remarks and would humilate a staff member in public. No management training however intense would even come close to changing this individuals behavior. Regardless who you are you just don’t touch another person that would create a hostile work environment or make an individual call in stating they are sick when in fact they just don’t want to come in to work because they are afraid to be around their boss. This Sr. Manager is no longer at our company he moved on to another company but our department is a lot more productive and the morale is great!
I absolutely support this legislation. I was the victim of “mobbing” – a form of bullying where the bully gathers a mob against the target. The bully had HR in their corner. HR was part of the mob and they turned their heads and BLAMED ME. My evaluations and performance were great even during the bullying – i was respected before the bully but when the bully told everyone to stay away from me – i was ostracized. I was then terminated for a “made up” offence. Again, HR did NOTHING and the compliance line was NOT kept confidential either to keep the clique together. No third party – same HR manager over and over who of course supported the bully. Company is losing talent by the bagful and hopefully will crash and burn. HR beware the laws are coming and the former targets are out there ready to bring you and your cliques down!!!
“Workplace violence is any act against an employee that creates a hostile work environment and negatively affects the employee either physically or psychologically. Bullying is a non-homicidal form of violence and a systematic campaign that jeopardizes your health, your career, your family and the job you once loved. And because it is violent, emotional and physical harm results”. (www.workplacebullying.org)
With that said I would like to inform the community about the hostile work environment that has been created and tolerated at a local health care facility in southern New Hampshire. To date I know of 9 employees that have been subjected to some form of repeated harassing, malicious, cruel and humiliating attempts to undermine them by their management all within the same department. Having personally worked with 7 of these wonderful people I can attest to their character, professionalism, skill, loyalty and genuine care for the people in the community. Three weeks ago one of these employees was terminated after 38 years of excellent service to this institution. Prior to her being terminated she was emotionally tormented for months. She would be called into meetings and yelled at, lied about and threatened with termination. She was humiliated and tormented by words, intonations attacks on her character even though her work performance in the past was great. Another employee from the same department was terminated last week. I was terminated 2 1/2 years ago after 28 years of employment at this facility. Like everyone else my evaluation were great, coworkers enjoyed working with me and my patients appreciated all that I did for them. I received a large pay raise 5 months before the torment began because the management said they appreciated the years of dedication, professionalism and ability to be a team player.
What we all have in common is the fact that we were subjected to an infliction of emotional distress and psychological harassment over a period of time resulting in mental and physical distress. We were all subjected to behavior from the manager that was offensive and threatening. By his words, intonations and actions he created an environment that was hostile and offensive.
Sadly the administration including Human Resources were aware of the hostile work environment created by the manager and other leaders in the same department. We would go to the Vice President of the HR department and beg for the bullying to stop. We pleaded to know what we were doing wrong but vague answers were given, untruths were stated without examples and not one accusation was followed up with any form of investigation. The administration failed to take measures to prevent and abate the problem. We are just sent back to the bully for “conflict resolution”. Stopping violence requires more than mere “conflict resolution”.
Workplace violence is an occupational and safety health hazard. I would be interested in knowing the cost of the mental and physical ill health that this stress has caused on not only the abused employee but to all the others that witnessed the abuse and were too afraid for their jobs to say anything.
There are presently no laws that can safeguard such behavior. Hopefully with public awareness, a new administration and claims of abuse causing medical malpractice to soar due to bullying employers and patient injury we can say that bullying in the workplace is wrong financially and morally. It shouldn’t hurt to go to work.
Thank you.
I am in the helping profession, the one that is expected to address bullying in schools, and in the workplace. And I too, am a victim of workplace bullying – on numerous occasions. This last time was my bottom and I have done all I can to fight back. I have filed complaints through HR, Union….(Human Rights are useless when it comes to bullying) which resulted in more abuse, disappointments, disillusionment, betrayal..and I officially give up. HR has been rude and abusive, Union has been weak and unavailable (one rep was a abusive with me), and even my doctors have let me down. Seems everyone is over worked, burned out, tied up with politics, and some of these so called resources do take advantage of the power in their roles. I honestly think legislation is the answer…but in order to get that…what must we sacrifice? How many more must suffer? How many more will suicide? This is multi-layered, complex, toxic, issue and they have already spent decades arguing over the definitions rather than listening to the suffering, costs, …sorry…but……. I have no hope left.