For Employers

Bullying is a costly management problem.  Yet, all too often, instead of being the first line of defense, the Human Resources Department reinforces the bullying and further undermines the victim. The result is costly turnover, poor morale, and expensive litigation.  Stopping bullying makes economic sense for employers.  Does your company have an anti-bullying policy?  Is it strictly enforced, even when the bully is a highly valued employee?  Are employees encouraged to report bullying and do you insure they are protected from retaliation?   If not, you are inviting needless expense and risk.  – PGB

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“Bully bosses are the bane of management. They are the ones who take credit for their subordinates’ ideas, engage in abusive behavior, humiliate employees in public, talk behind people’s backs, and send others to do their dirty work. Bullies often make the numbers; that’s why it’s hard to get rid of them. When bullies resist all help, they must be removed from the organization. FROM:  Article by John Baldoni, Harvard Management Update; Sept. 2005, Vol. 10 Issue 9, p1-3, 3p.

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THE TAB FOR EMPLOYERS

It is astonishing that American employers tolerate workplace bullying.  Never-mind the devastation that bullying wreaks on the target, bullying wreaks havoc on the company’s bottom line. Bullying results in higher health costs, needless turnover, lower morale and motivation, lost work hours, absenteeism, etc. etc. etc.

Consider:

  • According to Christine Pearson at UNC-Chapel Hill and Christine Porath of USC’s Marshall School of Business (The Cost of Bad Behavior: How Incivility Is Damaging Your Business and What to Do About It (2009))  targets of bullying react in the following ways:

-48% decreased their work effort,

-47% decreased their time at work,

-38% decreased their work quality,

-66% said their performance declined,

-80% lost work time worrying about the incident,

-63% lost time avoiding the offender

  • Bullying causes needless turnover.

According to the Level Playing Field Institute, more than two million managers and professionals flee their jobs every year as a result of workplace unfairness, including bullying. The cost of replacing just one $8-per-hour employee can range from $3,500 to $25,000, depending on the industry. The  exodus of two million workers costs businesses $64 billion.

Research shows that bullying also contributes to turnover among witnesses of bullying, who suffer emotional distress that is almost as great as that experienced by the victims of bullying. Furthermore, more than a quarter of employees who leaves because of unfairness do not recommend the employer to potential employees, and many do not recommend the company’s products and services to others.

  • Bullying results in costly litigation.

Even if the employer wins, it can cost the employer tens of thousands of dollars to defend the lawsuit.

The employer doesn’t always win. In Indiana, a medical technician was awarded $325,000 after successfully suing a surgeon who bullied him in an operating room for Intentional Infliction of Emotional Distress and assault.

A lawsuit, and attendant publicity, can be harmful to a business in terms of public perception and the ability to attract quality employees.

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Five Tips for Businesses on Handling Workplace Bullying

(Excerpted from Teresa A. Daniel,  Stop Bullying at Work (ISBN 9781586441357, September 2009, $17.95)

To properly approach the bully and create individual change:

1.  Confront and monitor existing bullies.

– Talking directly to the bully about the consequences of his or her behavior;

– Training bullies about how to treat others fairly in the workplace; and

– Implementing performance evaluation and appraisal mechanism to discourage bullying behaviors, such as a 360-degree performance feedback system.”

2. Obtain a senior management commitment to a bully-free environment. Organizations need to demonstrate in visible and continuous ways that senior management is committed to addressing and eradicating the bullying phenomenon. Because of the power differential that exists in the relationship between the bully and the targeted employee, the reluctance to report bullying appears to be linked to the belief that nothing will be done and also to the fear of retaliation if something is done.

3.   Develop an anti-bullying policy. “Any policy that you develop should be customized to fit your organization’s specific culture, values, and needs. An anti-bullying policy will generally address the following types of issues: your company’s commitment to a culture of mutual respect and zero-tolerance of bullying, clear definitions of bullying, managerial responsibilities, complaint procedures, any support or counseling offered to the target, assurances that all complaints are taken seriously and will be treated confidentially, a ‘no retaliation’ provision, and who to contact to get further information.”

4.  Create monitoring, investigation, and complaint systems, disciplinary procedures, and follow-up measures. “Whether or not you elect to develop and implement an anti-bullying policy, a specific internal group or department needs to be identified as being responsible for receiving complaints and educating your employees. An investigation is a necessary response to a bullying complaint. All complaint resolution systems must include an effective disciplinary procedure that spells out the consequences for failure to abide by the company’s policy, including progressive discipline.”

5.  Train employees about conduct expectations. “Periodic training of employees must be conducted to ensure a culture of respect and accountability, and also that all employees understand the company’s expectations about their workplace conduct – what is and is not acceptable – and the consequences for failing to observe these requirements.”

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Research shows that  Human Resources often creates an environment where bullying “remains unchallenged, allowed to thrive or actually encouraged in an indirect way.” If the victim seeks help, HR  protects the employer’s interests rather than to seek a fair and just resolution. “The absence of collective voice … renders employees completely vulnerable, with no avenues for redressal … Issues of justice and morality inevitably arise … With managers being judge and jury combined, the correctness of managerial decisions remains largely unchecked … .”  FROM:  Premilla D’Cruz and Ernesto Noronha, Protecting My Interests: HRM and Targets’ Coping with Workplace Bullying, The Qualitative Report Vol.15, Number 3 (May 2010) http://www.nova.edu/ssss/QR/QR15-3/dcruz.pdf.

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In the case of despots, you need to depose them; in the case of bullies, you need to boot them. Few are worthy of rehabilitation. Power for them is both a means to an end as well as the end itself. “ – John Baldoni, 12 Steps to Power Presence: How to Assert Your Authority to Lead, (2010)

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Excerpt from the Center for the Promotion of Health in the New England Workplace at the University of Massachusetts, Lowell:

Organizational Practices that cause worker stress:

  • Favoritism
  • Inflexible rules
  • Low pay and benefits
  • Poor supervision
  • Job insecurity
  • Responsibility without authority
  • Lack of input in decisions
  • Poor chances for advancement or growth
  • Unclear responsibilities or expectations
  • Multiple supervisors
  • Lack of recognition
  • Poor communication
  • Mandatory Overtime

* Patricia G. Barnes is an attorney with experience in both domestic violence and employment law. She is available for consultation, training on creating a healthy and positive management environment for employees and speaking engagements.






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The Healthy Workplace Bill (2010)

This is  the  2010 version of the Healthy Workplace Bill,, drafted by  David C. Yamada, Professor, Suffolk University Law School, and supported by the Workplace Bullying Institute.  This proposal was sharply criticized by international scholars and others as being far less protective of worker rights than legislation in other industrialized countries. The bill has been improved since 2010 but still is problematic.  In any case, after more than a decade, it appears unlikely that a state-by-state approach is a viable option to the problem of workplace bullying. This blog supports a federal national approach, recognizing that workers who may need the most protection live in so-called “pro business” states that  will never adopt a workplace anti-bully protections. Also, workplace bullying is an important health and safety issue for workers and the United States lags behind other industrialized countries in addressing the problem.  Workers need help now! PGB

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THE HEALTHY WORKPLACE BILL

By David C. Yamada, Professor, Suffolk University Law School

Section 1 – Preamble

(a) Findings

The Legislature finds that:

(1) The social and economic well-being of the State is dependent upon healthy and productive employees;

(2) Between 37 and 59 percent of employees directly experience health-endangering workplace bullying, abuse, and harassment, and this mistreatment is approximately four times more prevalent than sexual harassment alone;

(3) Workplace bullying, mobbing, and harassment can inflict serious harm upon targeted employees, including feelings of shame and humiliation, severe anxiety, depression, suicidal tendencies, impaired immune systems, hypertension, increased risk of cardiovascular disease, and symptoms consistent with post-traumatic stress disorder.

(4) Abusive work environments can have serious consequences for employers, including reduced employee productivity and morale, higher turnover and absenteeism rates, and increases in medical and workers’ compensation claims;

(5) If mistreated employees who have been subjected to abusive treatment at work cannot establish that the behavior was motivated by race, color, sex, sexual orientation, national origin, or age, they are unlikely to be protected by the law against such mistreatment;

(6) Legal protection from abusive work environments should not be limited to behavior grounded in protected class status as that provided for under employment discrimination statutes;

and,

(7) Existing workers’ compensation plans and common-law tort actions are inadequate to discourage this behavior or to provide adequate relief to employees who have been harmed by abusive work environments.

(b) Purpose

It is the purpose of this Chapter:

(1) To provide legal relief for employees who have been harmed, psychologically, physically, or economically, by being deliberately subjected to abusive work environments;  (2) To provide legal incentive for employers to prevent and respond to abusive mistreatment of employees at work.

Section 2 – Definitions

(a) Abusive work environment. An abusive work environment exists when the defendant, acting with malice, subjects an employee to abusive conduct so severe that it causes tangible harm to the employee.

(1) Abusive conduct. Abusive conduct is conduct, including acts, omissions, or both, that a reasonable person would find hostile, based on the severity, nature, and frequency of the defendant’s conduct. 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 of a threatening, intimidating, or humiliating nature; the sabotage or undermining of an employee’s work performance; or attempts to exploit a employee’s known psychological or physical vulnerability. A single act normally will not constitute abusive conduct, but an especially severe and egregious act may meet this standard.

(2) Malice. Malice is defined as the desire to cause pain, injury, or distress to another.

(b) Tangible harm. Tangible harm is defined as psychological harm or physical harm.

(1) Psychological harm. Psychological harm is the material impairment of a person’s mental health, as established by competent evidence.

(2) Physical harm. Physical harm is the material impairment of a person’s physical health or bodily integrity, as established by competent evidence.

(c) Adverse employment action. An adverse employment action includes, but is not limited to, a termination, demotion, unfavorable reassignment, failure to promote, disciplinary action, or reduction in compensation.

(d) Constructive discharge. A constructive discharge shall be considered a termination, and, therefore, an adverse employment action within the meaning of this Chapter. A constructive discharge exists where: (1) the employee reasonably believed he or she was subjected to abusive conduct; (2) the employee resigned because of that abusive conduct; and, (3) prior to resigning, the  employee brought to the employer’s attention the existence of the abusive conduct and the employer failed to take reasonable steps to correct the situation.

Section 3 – Unlawful Employment Practices

(a) Abusive Work Environment. It shall be an unlawful employment practice under this Chapter to subject an employee to an abusive work environment as defined by this Chapter.

(b) Retaliation. It shall be an unlawful employment practice under this Chapter to retaliate inany manner against an employee who has opposed any unlawful employment practice under this Chapter, or who has made a charge, testified, assisted, or participated in any manner in an investigation or proceeding under this Chapter, including, but not limited to, internal complaints and proceedings, arbitration and mediation proceedings, and legal actions.

Section 4 – Employer Liability and Defense

(a) An employer shall be vicariously liable for an unlawful employment practice, as defined by this Chapter, committed by its employee.

(b) Where the alleged unlawful employment practice does not include an adverse employment action, it shall be an affirmative defense for an employer only that:

(1) the employer exercised reasonable care to prevent and correct promptly any actionable behavior; and,

(2) the complainant employee unreasonably failed to take advantage of appropriate preventive or corrective opportunities provided by the employer.

Section 5 – Employee Liability and Defense

(a) An employee may be individually liable for an unlawful employment practice as defined by this Chapter.

(b) It shall be an affirmative defense for an employee only that the employee committed an unlawful employment practice as defined in this Chapter at the direction of the employer, under threat of an adverse employment action.

Section 6 – Affirmative Defenses

It shall be an affirmative defense that:

(a) The complaint is based on an adverse employment action reasonably made for poor performance, misconduct, or economic necessity;

(b) The complaint is based on a reasonable performance evaluation; or,

(c) The complaint is based on a defendant’s reasonable investigation about potentially illegal or unethical activity.

Section 7 – Relief

(a) Relief generally. Where a defendant has been found to have committed an unlawful employment practice under this Chapter, the court may enjoin the defendant from engaging in the unlawful employment practice and may order any other relief that is deemed appropriate, including, but not limited to, reinstatement, removal of the offending party from the complainant’s work environment, back pay, front pay, medical expenses, compensation for emotional distress, punitive damages, and attorney’s fees.

(b) Employer liability. Where an employer has been found to have committed an unlawful employment practice under this Chapter that did not culminate in an adverse employment action, its liability for damages for emotional distress shall not exceed $25,000, and it shall not be subject to punitive damages. This provision does not apply to individually named employee defendants.

Section 8 – Procedures

(a) Private right of action. This Chapter shall be enforced solely by a private right of action.

(b) Time limitations. An action commenced under this Chapter must be commenced no later than one year after the last act that constitutes the alleged unlawful employment practice.

Section 9 – Effect on Other Legal Relationships

The remedies provided for in this Chapter shall be in addition to any remedies provided under any other law, and nothing in this Chapter shall relieve any person from any liability, duty, penalty or punishment provided by any other law, except that if an employee receives workers’ compensation for medical costs for the same injury or illness pursuant to both this Chapter and the workers’ compensation law, or compensation under both this Chapter and that law in cash payments for the same period of time not working as a result of the compensable injury or illness or the unlawful employment practice, the payments of workers’ compensation shall be reimbursed from compensation paid under this Chapter.

Are you being bullied?

Note: The irony of workplace bullying is that the “victim” may be an excellent employee who is well liked, works hard, and demonstrates creativity and initiative. Bullying is often motivated by the bully’s insecurity, fear and jealousy. You may be targeted because the bully perceives you to be a threat. Employers take note – Good employees  quit or are fired while bullies – who do not act in the company’s s best interests – remain to wreak more havoc.  Also, co-workers who witness bullying are more likely to quit if the employer tolerates the abuse  –  PGB

Are you being bullied?

Here’s a Workplace Aggression Research Questionnaire developed by researchers from the State University of New York in New Paltz and Wayne State University that identifies often subtle bullying behaviors.

Take the quiz to find out if you’re a victim of bullying. Occasional insults don’t count. Bullying occurs when the behavior has occurred consistently during the past six months.

In the past six months have you regularly:

  • Been glared at in a hostile manner?
  • Been excluded from work-related social gatherings?
  • Had others storm out of the work area when you entered?
  • Had others consistently arrive late for meetings that you called?
  • Been given the “silent treatment”?
  • Not been given the praise for which you felt entitled?
  • Been treated in a rude or disrespectful manner?
  • Had others refuse your requests for assistance?
  • Had others fail to deny false rumors about you?
  • Been given little or no feedback about your performance?
  • Had others delay action on matters that were important to you?
  • Been yelled at or shouted at in a hostile manner?
  • Been subjected to negative comments about your intelligence or competence?
  • Had others consistently fail to return your telephone calls or respond to your memos or e-mail?
  • Had your contributions ignored by others?
  • Had someone interfere with your work activities?
  • Been subjected to mean pranks?
  • Been lied to?
  • Had others fail to give you information that you really needed?
  • Been denied a raise or promotion without being given a valid reason?
  • Been subjected to derogatory name calling?
  • Been the target of rumors or gossip?
  • Shown little empathy or sympathy when you were having a tough time?
  • Had co-workers fail to defend your plans or ideas to others?
  • Been given unreasonable workloads or deadlines — more than others?
  • Had others destroy or needlessly take resources that you needed to do your job?
  • Been accused of deliberately making an error?
  • Been subjected to temper tantrums when disagreeing with someone?
  • Been prevented from expressing yourself (for example, interrupted when speaking)?
  • Had attempts made to turn other employees against you?
  • Had someone flaunt his or her status or treat you in a condescending manner?
  • Had someone else take credit for your work or ideas?
  • Been reprimanded or “put down” in front of others?

Steps to take if you are being bullied:

  • In the early stages, consider telling the bully that his/her behavior is not acceptable and firmly ask them to stop. You can ask a supervisor or co-worker  to be with you when you approach the person.  This may not be helpful if the bully is a sociopath who lacks empathy.  It could even backfire, causing an escalation of the bullying.  It’s a judgment call.
  • It is very important to keep a factual journal or diary and record each instance of bullying.  The record should include:

o The date, time and what happened in as much detail as possible.

o The names of witnesses.

o The outcome of the event.

Here’s a possible example of a journal entry:  11/21/10: Bob came down the corridor at approximately 10 a.m.  He grabbed my arm, pulled me into an unattended office and shouted, “Get that ***** project on my desk by lunchtime.” He  then walked out without giving me a chance to reply. I felt humiliated, pressured, disrespected, and emotionally distressed.  John Doe witnessed the incident; I talked to John later that afternoon. John said he was shocked by Bob’s  actions, which he called “violent” and “uncalled for.”

Keep your notes in a safe place – not at the workplace.

  • RETAIN copies of  letters, memos, e-mails, faxes, etc., received from the person.
  • RESPOND to criticisms or allegations in writing, and ask the bully to respond in writing.
  • KEEP all memos and correspondence related to your work if the quality of your work is challenged.
  • It may be necessary to file a complaint. It may be advisable to first consult with an employment lawyer in your community. Most employees work  in an “at will” employment state, which means they  can be fired for any reason except an unlawful reason (such as race or age discrimination).  It is important to know your rights so you have a realistic assessment of your options.
  • If you COMPLAIN,  follow the process outlined in your employee or workplace policy manual. Complain to the individual who is identified as handling harassment complaints.   The courts will interpret this as providing proper notice to your employer of the harassment and bullying.  If your concerns are minimized, proceed to the next level of management.  It is usually advisable to make sure that your complaint clearly  states the problem; this is not the time to sugar coat the issue or to worry about being the squeaky wheel.  If feel you are being bullied because of race discrimination, provide the evidence upon which you base your belief to your employer.  Down the road, the account you provide in your complaint my be important in a retaliation or wrongful termination lawsuit.

Sadly, the Human Resources officer may not be an objective or neutral arbiter.  He or she may perceive their role as acting as an agent for management.  Management  may view your abuser as more valuable to the organization than you.  It is important to provide management with as detailed a record as possible about what is occurring so the employer can see the pattern of abuse.  A single instance may be dismissed as  trivial.   One would hope that management would recognize that  the bully is having a negative impact in the workplace or is creating needless legal liability.  But be aware that most targets of bullying are forced to  quit or are fired. Some experts advise targets to immediately start looking for another job.

BUT DO NOT …

RETALIATE

If you retaliate, you could appear to be a perpetrator.  This may  confuse the manager who is  responding to your complaint.  Also, an estimated 70 percent of bullies are bosses and in these cases the power dynamics do not favor the target .

Abusive bosses  may simply be clueless, insecure and poorly trained.  However, an abusive boss may a  narcissist or sociopath. without empathy. Their actions may be very  deliberate. They could be skilled at manipulating management and co-workers.   To the bully, it’s the equivalent of a chess game.  But  you may feel a range of  strong emotions, including fear and anger.  Bullies often try to manipulate their targets into making an impulsive and unwise move.  As best you can, stay detached and focused. Don’t give the bully more ammunition than he or she already possesses.

* Patricia G. Barnes is an attorney with expertise in both domestic violence and employment law.

DISPATCHES

Articles about employment discrimination, workplace abuse, workplace bullying and other forms of workplace violence.

STATE LAWS

ANTI-DISCRIMINATION LAWS

  • Every state has laws that protect employees from unlawful discrimination. These laws may be more expansive than similar federal laws, encompassing more employers and additional classes of victims.  Or they may offer protection not available under federal law. For example, the U.S. Congress has yet to adopt legislation prohibiting discrimination on the basis of sexual orientation but almost half of the states and the District of Columbia have adopted such laws.  Thus, a victim of harassment based on sexual orientation may be able to file a lawsuit in state court that would not be possible in federal court. Check the laws in your state.

OTHER POSSIBLE REMEDIES:

  • Intentional Infliction of Emotional Distress. Generally, the distress must be very severe.
  • Defamation.
  • Assault and/or battery.
  • False imprisonment.
  • Tortuous interference with the employment contract or business relationships.
  • Failure of an employer to exercise reasonable care with respect to the hiring, supervision and retention of your abuser.

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FEDERAL LAWS

There is no federal law per se that prohibits workplace abuse but there are many laws that may capture some of the behaviors that are used by the abuser. For example, an abuser who systematically harasses a person of color  may be  vulnerable to a lawsuit alleging discrimination on the basis of race.  What follows are federal laws that may be relevant in a case of workplace abuse:

FEDERAL DISCRIMINATION LAWS

Most workplace bullying falls outside the parameters of federal discrimination laws. However, workplace abuse may be the result of illegal discrimination and, if so, you may be able to file a lawsuit seeking damages from your employer.

Federal laws prohibit discrimination on the basis of age, disability, national origin, genetic information, pregnancy, race/color, religion and sex. These laws generally cover employees, applicants for employment, former employees and applicants to, and participants in, training and apprenticeship programs. An employer may include private sector and state and government entities, depending on the law.

These laws also make it illegal to retaliate against a person who has complained about an equal employment opportunity violation, or participated in filing a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under the applicable statute.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces most of these laws (Go to: www.eeoc.gov).

Here is a list of major federal laws relating to employment discrimination:

RACE AND COLOR, RELIGION, NATIONAL ORIGIN, OR SEX

  • Title VII of the Civil Rights Act of 1964 (Title VII) makes it illegal to discriminate on the basis of race, color, religion, national origin, or sex. It is also illegal to harass a person because of that person’s race, color, national origin or sex. Harassment goes beyond simple teasing or an offhand comment; it generally must be severe and frequent, creating an hostile or offensive work environment or resulting in an adverse employment decision (such as being fired or demoted). The law also requires that employers reasonably accommodate applicants’ and employees’ sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer’s business.

PREGNANCY

  • Title VII was amended by The Pregnancy Discrimination Act of 1978 (PDA), which makes it illegal to discrimination against a woman because of pregnancy, childbirth or a medical condition related to pregnancy or childbirth.

EQUAL PAY

  • The Equal Pay Act of 1963 (EPA) makes it illegal to pay different wages to men and women if they perform the same work in the same workplace. The jobs must be substantially equal and all forms of compensation are covered, including salary, overtime pay, bonuses, stock options, etc. The EPA protects both men and women.
  • Title VII, the Age Discrimination in Employment Act of 1967 (ADEA) and the Americans with Disabilities Act of 1990 (ADA) also prohibits compensation discrimination on the basis of race, color, religion, sex, national origin, age or disability. Unlike the EPA, there is no requirement that the jobs be substantially equal.  The Lilly Ledbetter Fair Pay Act of 2009 establishes that each paycheck that contains discriminatory compensation is a separate violation regardless of when the discrimination began.

AGE DISCRIMINATION

  • The Age Discrimination in Employment Act of 1967 (ADEA) makes it illegal to discrimination against people who are 40 years of age or older on the basis of age.

DISABILITY

  • Title 1 of the Americans with Disabilities Act of 1990 (ADA) makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. A disability is a physical or mental impairment that substantially limits one or more major life activities. Employers are required to reasonably accommodate the known physical or mental limitation of an otherwise qualified individual with a disability who is an applicant or an employee, unless doing so would impose an undue hardship on the operation of the employer’s business.
  • Sections 501 and 505 of the Rehabilitation Act of 1973 make it illegal to discriminate against a qualified person with a disability in the federal government.

GENETIC INFORMATION

  • The Genetic Information Nondiscrimination Act of 2008 (GINA), which took force on November 21, 2009, makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about any disease, disorder or condition of an individual’s family members.

SEXUAL HARASSMENT

  • The Equal Employment Opportunity Commission promulgated guidelines (Sec. 1604.11) pursuant to the adoption of Title VII of the Civil Rights Act of 1964 that make sexual harassment illegal. This includes unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:  made either explicitly or implicitly a term or condition of an individual’s employment; submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual, or; such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. With respect to fellow employees, an employer is responsible for acts of sexual harassment in the workplace where the employer (or its agents or supervisory employees) know or should have known of the conduct, unless it can show that it took immediate appropriate corrective action.

CITIZENSHIP STATUS AND NATIONAL ORIGIN

  • Claims of discrimination based on citizenship status and national origin are covered both by Title IX and by the Immigration Reform and Control Act of 1986 (IRCA).
  • The IRCA states that employers cannot discriminate because of national origin against U.S. citizens, U.S. nationals, and authorized aliens. Also, employers cannot discriminate on the basis of citizenship status against U.S. citizens, U.S. nationals, and the following classes of aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees. For example, citizenship verification must be obtained from all employees, not just “ethnic” looking employees.The IRCA is implemented by the U.S. Department of Justice, Civil Rights Division, Office of the Special Counsel for Immigratoin Related Unfair Employment Practices.
  • Title IX prohibits discrimination on the basis of national origin. It bars discrimination against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. This law is administered by the EEOC.

WAGE AND HOUR LAWS

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.  The FLSA is administered by the U.S. Department of Labor Wage and Hour Division

THE NATIONAL LABOR RELATIONS ACT

Specific federal laws that govern collective bargaining, including:

The National Labor Relations Act was passed in 1935 to protect the right of employees in the private sector to create labor unions, engage in collective bargaining and to take part in strikes. The act is also known as the Wagner Act, after its sponsor, Sen. Robert F. Wagner. The Act does not apply to workers who are covered by the Railway Labor Act, agricultural employees, domestic employees, supervisors, federal, state or local government workers, independent contractors and some close relatives of individual employers. The act is regulated by the National Labor Relations Board

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Power and Control

One can see similarities between domestic violence and workplace abuse by looking at a tool developed by domestic violence advocates in Duluth, Minnesota, 30 years ago to illustrate the tactics used by domestic violence abusers, the Power and Control Wheel (see below).  By substituting the workplace for the home, one can see the application of this tool in the context of workplace abuse:

  • Instead of male privilege, abusive bosses exert “supervisory” privilege.
  • The abusive boss alone feels entitled to define the boss/employer relationship, whether or not it bears any similarity to the victim’s job description.
  • The abusive boss emotionally abuses the victim, putting him/her down, calling him/her names, etc.
  • The abusive boss uses intimidation, coercion or threats, including unfair threats of demotion or dismissal.
  • The abusive boss uses economic tools to abuse the victim by meting out rewards and punishment as he or she pleases, without regard to merit or actual job performance.
  • When the abuse is pointed out, the abusive boss makes light of it,  minimizes it, or accuses the victim of being overly sensitive.
  • The abusive boss may send out a signal that encourages others to abuse an employee, a phenomenon that has been called “mobbing.”
  • The abusive boss may isolate the employee by making it clear the employee is “unsafe” to be around because he/she is viewed as a pariah by management.

Here’s my primitive adaptation of the Power and Control Wheel for workplace abuse/bullying situations, followed by the original Duluth Model Power and Control Wheel:

 

 

Here’s the original Duluth model: