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Workplace Bullying 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
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