US Leader in Social Injustice

October 31, 2011 by Leave a Comment

A new international report serves as an indictment of policies in the United States that have resulted in alarming poverty and inequality in the workplace.

The U.S. ranks 27th in terms of social justice among the 35 member nations of the Organisation for Economic Co-operation and Development, (OECD), which  promotes policies that will improve the economic and social well-being of people around the world.

The OECD report, entitled Social Justice in the OECD – How Do the Member States Compare? Sustainable Governance Indicators 2011, says that America, with its alarming poverty levels, lands near the bottom of the weighted social justice index, ranking only slightly better than its neighbor Mexico (30) and new OECD member Chile (29).

The OECD’s analysis places much of the blame for the U.S.’ dismal social justice ranking on inequality in the workplace – the US ranks16th in labor market inclusion (see list below) among the OECD’s 35 member countries, behind Canada (8) and Mexico (10).

The OECD says exclusion from the labor market substantially limits individual opportunities for self-realization, contributes to an increase in the risk of poverty, and can even lead to serious health stresses: “So long as gainful employment remains the primary means by which not only income, but also status, self-respect and social inclusion are distributed in developed societies, inclusion in the labor market must be a high priority for a just society” (Merkel/Giebler 2009: 198).

To calculate labor inclusiveness, the OECD analyzed employment and unemployment rates for 55- to 65-year-old workers, foreign-born workers, women as compared to men, and the long-term unemployment rate and the degree of labor market exclusion experienced both by young and by low-skilled workers.

According to the OECD,  a sustainable social market economy able to combine market efficiency with social justice requires the state to take on more than a minimalist “night watch man” role. Rather, it requires a strong state led by actors that understand the need for social equity as a means of ensuring participation opportunities.

Generally, the U.S. ranks 22nd for unemployment and long-term unemployment.

Here’s the OECD’s labor inclusiveness ranking:

1. Iceland

2. Norway

3. Switzerland

4. South Korea

5. Australia

6. New Zealand

7. Netherlands

8. Canada

9. Denmark

10. Mexico

11. Japan

12. Finland

13. Austria

14. Sweden

15. United Kingdom

16. United States

17. Chile

18. Germany

19. Luxembourg

20. Portugal

21. France

22. Czech Republic

23. Ireland

24. Belgium

25. Italy

26. Greece

27. Poland

28. Turkey

29. Hungary

30. Spain

31. Slovakia.

Filed Under: DISPATCHES Tagged With: , labor inclusion, OECD, Organisation for Economic Co-operation and Development, social injustice, Social Justice in the OECD – How Do the Member States Compare? Sustainable Governance Indicators 2011, unemployment

Labor Secretary Sleeping on the Job?

October 28, 2011 by Leave a Comment

With America’s workplace anti-bully movement seemingly stuck in the trenches, perhaps it is time to follow the example of  America’s neighbor to the North.

The Canadian province of Quebec amended its Labour Standards Act in 2002 to ban non-discriminatory workplace harassment and bullying. The law, which went into effect on June 1, 2004, also imposes a duty on employers to prevent and stop bullying.

According to one observer, the law was the result of  a sustained campaign by Quebec unions, as well as by a non-profit advocacy and resource group for non-unionized workers, “Au bas l’echelle” (in English, “Rank and File”).

This effort resulted in the establishment  in 1999 by then Minister of Labor, Diane Lemieux, of an Interdepartmental Committee on Psychological Harassment at Work.  The committee in 2001 recommended the government take legislative steps to prohibit psychological harassment.

It is time for unions and workplace anti-bully advocates to call upon U.S. Secretary of Labor Hilda L. Solis to empanel a commission to study the problem of workplace bulling in the United States and recommend new legislation to Congress.

There is overwhelming research that the problem of workplace bullying is epidemic in the United States, affecting at least one in four workers, and that workplace bullying destroys lives and costs American employers billions every year.

Efforts began in the United States almost a decade ago to pass a so-called Healthy Workplace Bill on a state-by-state basis.  Thus far, no state has adopted the bill, which is much weaker than Quebec’s legislation.

Meanwhile, the worsening economy has left more and more workers vulnerable to bullying. Not only are there fewer jobs, but the nature of the workforce is changing. More workers today are categorized as “independent contractors” who receive no benefits and low pay. These include  home-workers, tele-workers, piece-workers.

Even if one state does step up and adopt a workplace anti-bully bill, it will take decades, if ever, before all of the states do.

*** See Debra L. Parkes, “Targeting Workplace Harassment in Quebec: On Exporting a New Legislative Agenda” (2004) 8 Empl. Rts. & Employ. Pol’y J. 423.

Filed Under: DISPATCHES Tagged With: , , Debra L. Parkes, , , , Quebec Labour Standards Act,

Perception Gap Between Workplace/Youth Bullying

October 24, 2011 by Leave a Comment

The trend toward criminalizing cyber-bullying reflects the vast chasm between the perception of workplace bullying and youth bullying.

New York is considering a law to criminalize cyber-bullying by teens.

In September, two New York legislators, State Senator Jeffrey D. Klein, (D-Bronx/ Westchester), and Assemblyman William Scarborough, (D-Jamaica)  proposed new legislation to modernize New York’s stalking laws to include cyberbullying and to make “bullycide,” the act intentionally causing a suicide via cyberbullying, covered under manslaughter statutes. The New York bill is geared toward teens.

Society’s most serious problems are addressed in criminal statutes, wherein the prosecutor levies a charge on behalf of the “people” and the crime carries the potential of incarceration.

Meanwhile, proposed workplace anti-bullying legislation is civil in nature and the leading proposed bill, the so-called Healthy Workplace Bill (HWB),  fails to provide American workers with the same level of protection provided to workers in other industrialized countries. A civil action provides a private (individual) right of redress, including reinstatement and monetary damages.

Despite the fact the proposed HWB is anemic at best, a grassroots effort has failed since 2003 to get even one state to pass the proposed bill.  Among other things, the HWB requires targets of workplace bullying to prove malice and psychological harm, which are not required for other targets of a hostile workplace environment.  It also caps damages at $25,000 if the bullied employee is not subject to an adverse employment action, such as demotion or termination.

Where is the disconnect here?

Clearly, society has yet to recognize the serious nature of the problem of workplace bullying, which is experienced by at least one in four American workers.  Overwhelming evidence shows that workplace bullying destroys lives, careers and families.  It is every bit as devastating as other types of bullying,  causing serious physical and mental health problems up to and including bullycide.

Unlike teen bullying, workplace bullying may be used strategically by employers to get rid of employees who are without fault so the employer can downsize without paying unemployment compensation, to avoid a potential workers’ compensation claim, or to thwart a collective action by workers to improve working conditions.

A review of state laws conducted by the Cyberbullying Research Center in July 2010 found that at least 30 states have laws that include the term “electronic harassment,” and 5 states have laws that include the term “cyberbullying.” At least five have laws dealing explicitly with cyber-bullying, which a study found last year may be even harder on the victims than physical beatings or name-calling.

The authors of the proposed New York bill note that the National Crime Prevention Council reports that 43 % of all teens in the U.S. have been subjected to cyber-bullying. (That number jumps to 53% of LBGT youth.)

According to published reports, the proposed New York bill:

  •  Updates the crime of Third-Degree Stalking (a Class A Misdemeanor) to include cyber-bullying. This behavior is identified as a course of conduct using electronic communications that is likely to cause a fear of harm, or emotional distress to a person under the age of 21. An offense would be punishable by up to one year behind bars.
  •  Expands the charge of Second-Degree Manslaughter (a Class C Felony) to include bullycide. This is defined as when a person engages in cyber-bullying and intentionally causes the victim of such offense to commit suicide. If a cyber-bully’s victim commits suicide, the cyber-bully would face up to 15 years in prison.  (It is not clear whether this provision is age-limited – PGB)

Cyber-bullying, which is persistent harassment through electronic communication, has become more prevalent as technology, such as smart phones and social networking sites, makes communication easy, quick and readily accessible to teens and youth.

Note: Suffolk University law professor David C. Yamada, author of the HWB, and Gary Namie, director of the Workplace Bullying Institute, which supports the HWB, declined a request to comment about the reasons that the HWB requires targets of bullying to overcome higher hurdles of proof compared to other countries – PGB.

Filed Under: DISPATCHES Tagged With: Assemblyman William Scarborough, cyber-bully, Cyberbully, Cyberbullying Research Center, , , , National Crime Prevention Council, State Senator Jeffrey D. Klein
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