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WORKPLACE BULLYING NAECP Focused Track / Advanced # 2 Presented by: Clifford & Garde, LLP Billie Pirner Garde, Esq. 1130 Connecticut Ave., N.W., STE 500 Washington, D.C. 20036 (202) 280‐6116 (202) 289‐8992 Fax
A DEFINITION OF WORKPLACE BULLYING “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 .” Wor kplac e Bullying and Traum a I nsti tute
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DEFINITION OF WORKPLACE BULLYING (CONT’D)
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. February 2015
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HOW COMMON IS BULLYING IN THE WORKPLACE? RESULTS OF THE 2010 AND 2007 WBI U.S. WORKPLACE BULLYING SURVEY Prevalence of Workplace Bullying:
Key Findings: 3 5 % of wor kers have ex per ienced bullying firsthand ( 3 7 % in 2 0 0 7 , g i ven the MOE, essentially equivalent);
3 5 % of the U. S . wor kforc e (an est. 5 3 . 5 m i l l i on Am er icans) repor t being bullied at wor k; an additional 1 5 % w i tne ss it;
6 2 % of bullies are m e n; 5 8 % of targets are wom en;
Half of all Am er icans have directly ex per ienced it;
Wom en bullies target wom en in 8 0 % of cases; Bullying is 4 X m ore prevalent than illegal harassm ent ( 2 0 0 7 ) ;
Simultaneously, 5 0 % repor t neither ex per iencing nor w itnessing bullying , hence, a "silent epidemic“.
The m aj or i ty ( 6 8 % ) of bullying is sam e‐gender harassm ent. February 2015
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SOME EXAMPLES OF BULLYING Public humiliation; Social ostracism; Being quick to criticize and slow to praise; Being arrogant in general; Screaming or cursing; Talking in a dismissive tone; Being rude or belligerent; Undermining success; February 2015
Not providing adequate resources; Character assassination; Gossiping about others; Spreading malicious rumors; Personal attacks; Destruction of property or work product.
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WHY DO EMPLOYEES BULLY OTHERS? 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!!! February 2015
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HARASSMENT VS. BULLYING WHAT IS THE DIFFERENCE? 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. February 2015
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HARASSMENT VS. BULLYING WHAT IS THE DIFFERENCE? ( C O N T ’ D ) 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). February 2015
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WHAT IS NOT BULLYING OR HARASSMENT? 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. February 2015
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THE RELATION TO DOMESTIC VIOLENCE
“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/ February 2015
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PROFILE OF A BULLY
THE BULLY PROFILE 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; February 2015
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.
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A BULLY CAN BE ANYONE 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. February 2015
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PROFILE OF A BULLY’S VICTIM
THE VICTIM’S PROFILE 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; February 2015
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.
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MAKE THE POLICY STATEMENT VALUABLE
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.”
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THE BULLY ORGANIZATION
AN ORGANIZATION THAT TOLERATES BULLYING 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.
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MAJOR MANAGEMENT MISTAKES 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.
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REASONS TO CONFRONT/STOP WORKPLACE BULLYING 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. February 2015
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WAYS TO CONFRONT AND STOP WORKPLACE BULLYING 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.
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DEVELOP A POLICY STATEMENT
1. 2. 3. 4. 5. 6.
Review the existing policies and procedures. Draft a conduct statement for the workplace. Define bullying and harassment. Apply the policy statement. Inform the workforce about the policy statement. Review the policy statement yearly.
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NON‐NEGOTIABLE
There are some things that are non‐ negotiable and treating individuals in your workforce with respect is one of them.
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WHAT ARE OTHER COUNTRIES DOING?
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WORKSAFEBC (CANADA) 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. February 2015
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WORKSAFEBC (CANADA) WorkSafeBC ’s materials on Bullying and Harassment can be found on the NAECP Website: http://c.ymcdn.com/sites/www.naecp.net/resource/colle ction/a5f91029‐2abc‐42d2‐88c5‐ 24b473be83fa/BullyingReading_WORKSAFEBC.pdf?hhSear chTerms=%22training+and+material%22 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/ February 2015
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REFERENCES AND WEB SITES FOR ADDITIONAL INFORMATION
Taken from the Workplace Bullying Institute’s Website: http://www.workplacebullying.org/
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REFERENCES AND WEB SITES FOR ADDITIONAL INFORMATION
Web Sites: •
Bully Busters: http://bullybusters.org
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Bully Online: www.bullyonline.org/resources/groups.htm#America
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Workplace Bullying Institute: www.bullyinginstitute.org
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WorkSafeBC: http://www.worksafebc.com/about_us/default.asp February 2015
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REFERENCES AND WEB SITES FOR ADDITIONAL INFORMATION 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
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REFERENCES AND WEB SITES FOR ADDITIONAL INFORMATION 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:/ / w w w.lni.wa. gov/S afety/Researc h/F iles/Bullying. pdf
Potential Legal Protections and Liabilities for Workplace Bullying, by David Yamada, June 2007 http:/ / w w w.academia. edu/ 161 810/ Potential_Legal_Protections_and_Liabilities_for _ Wor kplace_B ullying
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REFERENCES AND WEB SITES FOR ADDITIONAL INFORMATION Indiana Supreme Court Rules on “Workplace Bullying ” Case, Published Date: April 9, 2008 http://w w w.ogletreedeakins.com/publications/ 200 8‐04‐09 /indiana‐supreme‐ cour t‐r ul e s‐wor kplac e‐bullying‐case and the actual decision http:/ / w w w.in. gov/j udiciary/opinions/pdf/040 808 01bd. pdf
Workplace Bullying from a Plaintiff ’s Perspective, by Sue Ellen Eisenberg and Hideaki Sano http://w w w.amer icanbar.org /content/dam/aba/events/labor _law /20 12/0 3/nationa l_conference_on_equal_em ployment_oppor tunity_law/mw 2012 eeo _eisenberg.authcheckdam.pdf Cited w i thi n: https:/ / w w w.casetext.com/case/eeoc ‐v‐national‐educ‐assn‐alaska/
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GUIDANCE AND TIPS
WHAT CAN CO‐WORKERS DO TO STOP WORKPLACE BULLYING AND HARASSMENT? 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. February 2015
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SUPERVISOR/MANAGER GUIDANCE
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. February 2015
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IF A PEER IS THE BULLY… 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.
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IF THE BOSS IS THE BULLY… 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. February 2015
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IF YOU ARE BEING BULLIED… 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. February 2015
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BULLY PROOFING YOURSELF Take an assertive approach early and enforce your boundaries; Convey that unacceptable behavior is not acceptable; Be forceful when the bully does not respond to peaceful, reasonable approaches ‐ never resort to physical acts; Hold the bully accountable for their behavior; Speak with authority and with a commanding presence – any perceived weakness makes you susceptible; February 2015
State your demands using “you” statements – tell the bully what you want in a firm may; Don’t be thrown off by taunts or respond in kind; Address the bully by name and tell the bully to stop! Avoid giving long explanations – be clear that certain things are non‐negotiable and not open for debate.
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Thank You PRESENTED BY: CLIFFORD & GARDE, LLP BILLIE PIRNER GARDE, ESQ. 1130 CONNECTICUT AVE., N.W., STE 500 WASHINGTON, D.C. 20036 (202) 280‐6116 (202) 289‐8992 FAX
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