When most people think of the word “bully” they associate it with that child who stole their ice cream cone when they were 7 years old or the person who they used to hide from when they waited for the bus each morning before school. However, there is another type of bully who is getting a lot more attention these days from regular people and Human Resource Professionals alike and that is the Workplace Bully.
Many people know this type of bully, that Manager or Employee who puts fear in the hearts of others. There are many reasons why this person is never addressed for their bad behavior ranging from "she always gets results" to "that's just the way John is, you just need to grow a thicker skin."
However, this enabling point of view seems to be changing as some states tackle what can be considered the grey area between regular behavior and what is considered "harassment". Bullying in the workplace is not a new trend, but due to recent efforts by certain lobbying groups, employers are starting to recognize that bullies cost companies a lot of money through employee absenteeism, disability, higher attrition, and sometimes litigation.
A 2007 online survey conducted by the Workplace Bullying Institute (WBI) /Zogby International of 7740 American workers found the following results on workplace bullying:
37% of workers have been bullied at work.
Bullying is 4 times more prevalent then illegal forms of “harassment”.
72% of bullies are supervisors.
Women are targets in 57% of cases.
40% of those employees who are bullied never complain.
Since 2003 many groups have tried and failed to enact bullying statues in states like California, Massachusetts and New Jersey. Some others states like Vermont, Oregon, and Washington will not revisit their anti-bullying initiatives until January 2009. However, in March 2008 the New York State Assembly introduced an anti-bullying statute that is now being reviewed by the state’s labor committee. This bill would allow employees to sue for psychological, physical, and economic harm from being subjected to an “abusive” work environment. Traditionally, employment law discrimination statutes require that an individual must be a member of a protected class to bring a discrimination claim (i.e. race, color, gender, etc.) however, this statute would eliminate that protected class requirement.
In the statute, “abusive conduct” is defined as "malicious conduct that is taken against an employee by an employer or another employee in the workplace that a reasonable person would find to be offensive, and unrelated to the employer’s legitimate business interests". In addition, abusive conduct can include verbal abuse such as derogatory remarks, insults, conduct that a reasonable person would find intimidating, or the sabotage of an employee’s performance.
Remedies for violations of the act would provide that if an employee suffered a “negative employment action” like disciplinary action or termination they could ask for reinstatement, removal of the offending party from the workplace, reimbursement for lost wages, medical expenses, compensation for emotional distress, and punitive damages and attorney fees. In cases where there was not a “negative employment action” the employer’s liability will be limited to $25,000 for emotional distress.
It remains to be seen whether this legislation will be passed but to manage workplace bullying employers should try to reinforce their company policies that deal with communication, respect, and appropriate behaviors in the workplace.
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