2/11/2014
Workplace Bullying
NAECP FOCUSED TRACK / CORE #3
PRESENTED BY:
BILLIE PIRNER GARDE, ESQ. 1707 L STREET, N.W., STE 500 WASHINGTON, D.C. 20036 (202) 280-6116 (202) 289-8992 FAX
A Definition of Workplace Bullying
2
“Workplace bullying, is the repeated mistreatment of one or more employees with a malicious mix of humiliation, intimidation & sabotage of performance. It is the deliberate, hurtful, repeated mistreatment of employees driven by a desire to control.”
Workplace Bullying and Trauma Institute
Clifford & Garde, LLP February, 2014
Definition of Workplace Bullying (cont’d)
3
Workplace bullying can generally be considered as negative acts directed toward other employees: Intimidation or undermining employees by demeaning their work standards, not giving them credit, setting them up for failure and constantly reminding them of old mistakes; Threatening employees’ personal self-esteem and work status; Isolating employees from opportunities, information and interaction with others; Giving impossible deadlines, creating undue pressure and stress, and overworking employees.
Clifford & Garde, LLP February, 2014
1 2/11/2014
How Common is Bullying in the Workplace? Results of the 2010 and 2007 WBI U.S. Workplace Bullying Survey
4 Prevalence of Workplace Key Findings: Bullying:
• 35% of workers have experienced bullying 35% of the U.S. workforce (an est. 53.5 firsthand (37% in 2007, given the MOE, million Americans) report being essentially equivalent); bullied at work;
• 62% of bullies are men; 58% of targets are an additional 15% witness it; women;
Half of all Americans have directly • Women bullies target women in 80% of experienced it; cases;
Simultaneously, 50% report neither • Bullying is 4X more prevalent than illegal experiencing nor witnessing bullying. hence, harassment (2007); a "silent epidemic“.
• The majority (68%) of bullying is same- gender harassment.
Clifford & Garde, LLP February, 2014
Some Examples of Bullying
5 Public humiliation; Not providing adequate Social ostracism; resources; Being quick to criticize Character assassination; and slow to praise; Gossiping about others; Being arrogant in general; Spreading malicious Screaming or cursing; rumors; Talking in a dismissive Personal attacks; tone; Destruction of property Being rude or belligerent; or work product. Undermining success;
Clifford & Garde, LLP February, 2014
Why Do Employees Bully Others?
6 Because they can – It’s not illegal in the U.S. – yet!
The United States is behind in laws against bullying (Sweden, New Zealand, UK, Australia, France and Quebec have enacted laws and regulations); However, laws are being proposed in several states.
A Company Must Have An Anti- Bullying Policy That is Broader Than the Law!!!
Clifford & Garde, LLP February, 2014
2 2/11/2014
Harassment vs. Bullying What is the Difference? 7 Harassment is a form of employment discrimination that violates the equal protection employment laws. It is defined as "unwelcome conduct that is based on race, color, sex, religion, national origin, disability, and/or age." It becomes unlawful when it is either a condition of employment, or is severe or pervasive enough to create an intimidating, hostile, or abusive work environment.
Bullying is an intentional act that involves the psychological, and sometimes physical, abuse of one person by another or a group of others. At present, no federal or state laws specifically cover workplace bullying; and although some bullies do base their abuse on issues such as gender, race, religion, and physical ability, most instances of bullying focus on the victim's competency. Bullies are often insecure about a particular aspect of their own professional abilities, and feel threatened by colleagues who are competent in the same area(s).
Clifford & Garde, LLP February, 2014
What is NOT Bullying or Harassment?
8 Employees expressing differences of opinion; Offering constructive feedback; Making a legitimate complaint about another worker’s conduct; Reasonable management action, including decisions about: Job duties and work to be performed; Workload and deadlines; Layoff, transfer, promotion, reorganization; Work instruction, supervision, or feedback; Work evaluation; Performance management; Discipline, suspension, or termination.
Clifford & Garde, LLP February, 2014
The Relation to Domestic Violence
9 “Being bullied at work most closely resembles the experience of being a battered spouse. The abuser inflicts pain when and where she or he chooses, keeping the target (victim) off balance knowing that violence can happen on a whim, but dangling the hope that safety is possible during a period of peace of unknown duration. The target is kept close to the abuser by the nature of the relationship between them -- husband to wife or boss to subordinate or co-
worker to co-worker.” Taken from the Workplace Bullying Institute’s Website: http://www.workplacebullying.org/
Clifford & Garde, LLP February, 2014
3 2/11/2014
Profile of a Bully
The Bully Profile
11 Comes from all backgrounds; Generally competent and good at their job; Relish being the center of attention; Ambitious and aggressive; Poor interpersonal skills; Arrogant and manipulative; Dislikes fair competition; Feelings of being above the rules; Holds grudges; Rarely admits to own mistakes; Quick to blame or finger point; Has little integrity.
Clifford & Garde, LLP February, 2014
A Bully Can Be Anyone
12
A bully can be a Supervisor, Manager, Peer, Subordinate.
Bullying can occur with a client or supplier; one-on- one; in front of others; written or electronically.
Bullies are not limited to gender, race, nationality, age, field or function.
Clifford & Garde, LLP February, 2014
4 2/11/2014
Profile of a Bully’s Victim
The Victim’s Profile
14
Comes from all backgrounds; Competent; Often physically attractive; Non-aggressive; Has low tolerance for unfairness and intolerance; Independent, won’t join cliques; Helpful and willing to share; Refuses to be subservient or controlled; Has integrity, strong ethics and values; Honest and trusting; High expectations for authority; Sympathetic, caring and trusting; Quick to forgive; Talented and creative; Well-liked, popular and respected.
Clifford & Garde, LLP February, 2014
Make the Policy Statement Valuable
15
Jonathan Martin’s mother, Jane Howard-Martin, general counsel at Toyota who has specialized in employment law, such as sexual harassment and disability cases. In a 2002 USA Today essay headlined “Stop workplace harassment in your company,” she wrote that “a policy against harassment is not valuable unless employees believe it will be enforced.”
Clifford & Garde, LLP February, 2014
5 2/11/2014
The Bully Organization
An Organization That Tolerates Bullying
17
A culture of arrogance and huge egos; People live in fear of ticking someone off; People in support positions are not respected and are treated as “paper pushers”; People who come up with new ideas get squashed or trivialized.
Clifford & Garde, LLP February, 2014
Major Management Mistakes
18 Ignores The Problem: Unwilling to deal with “revenue producing” bullies; Engages in bullying behavior themselves; Thinks “bullying” is just “tough management”; Dismisses the target as not “tough enough”; Believes HR will handle the problem; Believes the bully will grow out of the behavior over time.
Clifford & Garde, LLP February, 2014
6 2/11/2014
Reasons to Confront/Stop Workplace Bullying
19
Employers must confront and stop workplace bullying because of significant effects and damage to both employees and the company: Workplace bullying results in employees suffering from significant physical and emotional problems, including anxiety, depression, gastrointestinal disorders, headaches, insomnia, cardiovascular disease, poor concentration, substance abuse and lowered self- esteem; Costs to the employer include turnover, higher health care costs, low productivity, absenteeism, low-morale and retaliation that may reach levels of aggressive and violent behavior; Above all, tolerating workplace bullying makes it impossible for employers to reach the goal of treating all employees with respect and dignity.
Clifford & Garde, LLP February, 2014
Ways to Confront and Stop Workplace Bullying
20
Establish an anti-bullying policy that explains what bullying is and that it is unacceptable behavior; Train managers and all other employees on the policy; Establish processes for reporting, investigating and resolving complaints; Conduct periodic employee attitude surveys to determine if workplace bullying is not being reported.
Clifford & Garde, LLP February, 2014
Develop a Policy Statement
21
1. Review the existing policies and procedures. 2. Draft a conduct statement for the workplace. 3. Define bullying and harassment. 4. Apply the policy statement. 5. Inform the workforce about the policy statement. 6. Review the policy statement yearly.
Clifford & Garde, LLP February, 2014
7 2/11/2014
Non-Negotiable
22
There are some things that are non-negotiable and treating individuals in your workforce with respect is one of them.
Clifford & Garde, LLP February, 2014
What Are Other Countries Doing?
23 WORKSAFEBC (CANADA)
Clifford & Garde, LLP February, 2014
WorkSafeBC (Canada)
24 On April 24, 2013, WorkSafeBC announced the approval of new Occupational Health and Safety Workplace Bullying and Harassment Policies, which went into effect on November 1, 2013. The policy, with respect to workplace bullying and harassment, requires employers to develop a policy statement; develop and implement reporting procedures; develop and implement investigation procedures; provide training to supervisor and workers. Two additional policies set out the duties of workers and supervisors with respect to bullying and harassment.
Clifford & Garde, LLP February, 2014
8 2/11/2014
WorkSafeBC (Canada)
25 I have included in the materials WorkSafeBC’s materials on Bullying and Harassment.
In the slides that follow, I have outlined some of the WorkSafeBC’s suggestions.
You can also visit their website for more information. http://www.worksafebc.com/
Clifford & Garde, LLP February, 2014
References and Web Sites for Additional Information 26
Taken from the Workplace Bullying Institute’s Website: http://www.workplacebullying.org/
Clifford & Garde, LLP February, 2014
References and Web Sites for Additional Information
Web Sites:
• Bully Busters: http://bullybusters.org
• Bully Online: www.bullyonline.org/resources/groups.htm#America
• Workplace Bullying Institute: www.bullyinginstitute.org
• WorkSafeBC: http://www.worksafebc.com/about_us/default.asp
9 2/11/2014
References and Web Sites for Additional Information 28
The U.S. Equal Employment Opportunity Commission, Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors: It’s purpose is to provide guidance regarding employer liability for harassment by supervisors based on sex, race, color, religion, national origin, age, disability, or protected activity. http://www.eeoc.gov/policy/docs/harassment.html
Clifford & Garde, LLP February 2014
References and Web Sites for Additional Information 29
Stop workplace bullying – It’s not normal – it’s unreasonable. Workplace Bullying and Disruptive Behavior: What Everyone Needs to Know. SHARP, Washington State Department of Labor & Industries.
http://www.lni.wa.gov/Safety/Research/Files/Bullying.pdf
Potential Legal Protections and Liabilities for Workplace Bullying, by David Yamada, June 2007
http://www.academia.edu/161810/Potential_Legal_Protections_and_Liabilities_for _Workplace_Bullying
Clifford & Garde, LLP February, 2014
References and Web Sites for Additional Information 30
Indiana Supreme Court Rules on “Workplace Bullying” Case, Published Date: April 9, 2008 http://www.ogletreedeakins.com/publications/2008-04-09/indiana-supreme- court-rules-workplace-bullying-case and the actual decision http://www.in.gov/judiciary/opinions/pdf/04080801bd.pdf
Workplace Bullying from a Plaintiff’s Perspective, by Sue Ellen Eisenberg and Hideaki Sano http://www.americanbar.org/content/dam/aba/events/labor_law/2012 /03/national_conference_on_equal_employment_opportunity_law/mw2012eeo _eisenberg.authcheckdam.pdf Cited within: https://www.casetext.com/case/eeoc-v-national-educ-assn-alaska/
Clifford & Garde, LLP February, 2014
10 2/11/2014
Guidance and Tips
31
Clifford & Garde, LLP February, 2014
What Can Co-Workers Do to Stop Workplace Bullying and Harassment? 32
Listen to the target; Don’t gossip; Offer support (i.e., employee assistance program, HR, ECP); Document details of what was seen or heard to share in an investigation: Dates; Details; Witnesses. Tell the bully to stop.
Clifford & Garde, LLP February, 2014
Supervisor/Manager Guidance
33
Never assume that bullying is non-existent because you don’t see it; Don’t engage in a ‘witch’ hunt – pay attention to your environment; Resist blaming the target for not being tough enough; Never assume “bullying” is simply “tough management”; Coach those employees who exhibit potential bullying tendencies; Be on the look out for “red flags” i.e., sudden drops in productivity, increased absenteeism; Lead by example and avoid behavior that may send the wrong signal to any potential bully; Do not reward results “at all costs”! Make it clear that respectful treatment is an element of overall performance; Punish bad behavior.
Clifford & Garde, LLP February, 2014
11 2/11/2014
If a Peer is the Bully…
34
Ask for a meeting to discuss something of “importance to our relationship”; Meet in a neutral place; Set about 15 minutes as a limit; Take control of the meeting; Firmly state that calls, doing email, interruptions won’t be allowed at the meeting; Avoid small talk; Get to the point and be direct.
Clifford & Garde, LLP February, 2014
If the Boss is the Bully…
35 Carefully consider their personality and how the feedback will be received; Start with what is good about your relationship; Say what is not working, outline behaviors that adversely impact your productivity; Say what you’d like to see done different; Let the boss respond – don’t debate; Commit to doing your part to make things work and maintain a consistent level of solid performance; Thank him/her for letting you talk.
Clifford & Garde, LLP February, 2014
If You Are Being Bullied…
36
Health: Recognize the behavior as bullying; Get professional support from counsellor or EAP; Know that you are not to blame. Try and get results: Take notes and keep records ; Talk to your union/HR, the bully’s manager, and take your notes; Minimize one-on-one interaction with the bully – but only if it will not hamper your job performance.
Clifford & Garde, LLP February, 2014
12 2/11/2014
Bully Proofing Yourself
37 Take an assertive approach State your demands using early and enforce your “you” statements – tell the boundaries; bully what you want in a firm Convey that unacceptable may; behavior is not acceptable; Don’t be thrown off by taunts Be forceful when the bully does or respond in kind; not respond to peaceful, Address the bully by name and reasonable approaches - never tell the bully to stop! resort to physical acts; Avoid giving long explanations Hold the bully accountable for – be clear that certain things their behavior; are non-negotiable and not Speak with authority and with a open for debate. commanding presence – any perceived weakness makes you susceptible;
Clifford & Garde, LLP February, 2014
Thank You
38
PRESENTED BY:
BILLIE PIRNER GARDE, ESQ. 1707 L STREET, N.W., STE 500 WASHINGTON, D.C. 20036 (202) 280-6116 (202) 289-8992 FAX
Clifford & Garde, LLP February, 2014
13