BULLYING – When The Abuser Goes To Work…

U.S. Judge Dismisses Free Speech/Free Press Claim

The Selection Officer for the SSA says one reason he didn’t hire the plaintiff (me) is because she (I) wrote an employment law blog on workplace abuse.

Chief U.S. District Judge Miranda Du of Nevada this week dismissed a claim in a lawsuit that I filed against the Social Security Administration (SSA), after it rejected me for a job for which I was superbly qualified in the aftermath of the Great Recession (2011).

A novice SSA Selection Officer said one reason he didn’t select me for hire was because he thought my fledgling employment law blog, When the Abuser Goes to Work, was a “red flag” and he was concerned I might one day question his management skills.

I began the blog as a public service in connection with my book, Surviving Bullies, Queen Bees & Psychopaths in the Workplace. The blog, syndicated by Newstek, is legally and unquestionably a work of journalism.

The shocking age discrimination I experienced when I applied for the SSA job in Reno, NV, in the waning days of the Great Recession, prompted me to research age discrimination and write my groundbreaking book, Betrayed: The Legalization of Age Discrimination in the Workplace.

A few tibits – 26 applicants (all but one under the age of 40) responded to a ridiculously narrow recruitment for five attorney vacancies. I found out about the vacancies by chance when I saw an announcement on USAJobs for a different job at the Reno office. The SSA repeatedly tried to hire five candidates under the age of 40 but was thwarted when candidates rejected job offers. The ninth selectee was the only other candidate over the age of 40 (a 47-year-old male).

The SSA says the candidates were hired based on “personality” and “cultural fit.”

In 2019, Judge Du dismissed the entire case, calling it futile, and issued her ruling with prejudice (barring me from refiling the case).

The Ninth Circuit

I filed an appeal with the Ninth Circuit Court of Appeals in San Francisco, which in 2021 reinstated my claim of systemic age discrimination, finding it “plausible,” and remanded the case back to Judge Du.

Performance Reviews Should Assess Civility And Respect

A critical parameter is often ignored in management performance reviews – whether the manager treats others with civility and respect.

A large body of research in the past decade has shown that managers who display bias or engage in bullying and emotional harassment are a parasitic drain on the battery of an organization.

An abusive boss creates psychological stress for workers, leading to job dissatisfaction, turnover and a host of counter-productive behaviors (i.e., absenteeism, sabotage, litigation). S/he serves as a model for other employees, who also engage in bullying behaviors.

The American College of Cardiology recently issued a Health Policy Statement in the Journal of the American College of Cardiology proposing that cardiovascular organizations conduct performance reviews that include an “assessment on respect and civility.”

Culture of Respect

The recommendation is the outcome of an on-line survey conducted by the ACC in 2021 that found over one-third of resident doctors and faculty reported experiencing bias, discrimination, bullying and harassment at their main place of work.

Federal Judiciary Recognizes Civility And Respect In Its Workplace

The federal judiciary routinely hears (and often dismisses) lawsuits filed by workers who have suffered soul crushing disrespect, humiliation and abuse from an employer.

This is one reason why the recommendations of The Federal Judiciary Workplace Conduct Group matter.

The group this week re-committed to the promotion of an “exemplary workplace” for the 30,000 employees of the federal court system “through engaged leadership and more expansive education in the areas of civility, respect and communication.”

Historically, federal judges have graduated from elite colleges and law schools to high-paid jobs in private law firms representing employers to the bench. There, they are exempt from federal discrimination laws. And they have lifetime tenure and can’t be forced to retire.

The federal judiciary’s workplace was the antithesis of democratic. Federal judges were the equivalent of kings in their chambers, and many young law clerks were treated more like serfs than workers.

After several high profile cases where staff complained of sexual harassment and workplace bullying by federal judges, U.S. Supreme Court Chief Justice John G. Roberts, Jr., in 2018 appointed the workplace conduct group to improve the environment in which federal employees work.

If federal judges must treat their workers with dignity and respect, perhaps they will expect this of other employers?

Judge Dismisses Case Of Threats by Cognitively Impaired Man

A federal judge in New Hampshire recently addressed a Solomon-like case involving the right of a town to protect its workplace from threats and intimidation by a severely cognitively impaired man.

The 20-year-old man, N.P., who has the cognitive ability of a six-year-0ld, was attending a municipal summer camp in 2019 in Meredith, NH, when he threatened to kill the camp director and two attendees.

Even though N.P. apparently lacked the ability to understand and carry out such threats, the camp director reported the threats to police and the next day N.P. was suspended.

N.P. originally was suspended indefinitely but town officials later limited the suspension to 60-days.

Americans With Disabilities Act

U.S. District Judge Steven J. McAuliffe recently dismissed a lawsuit filed by N.P.’s guardian after finding there was insufficient evidence to show the town violated N.P.’s rights under the Americans with Disabilities Act (ADA).

Judge Must Face Trial For Allegedly Obstructing Deportation

A federal appeals court has refused to dismiss a case in which a Massachusetts state court judge allegedly arranged for the escape of an undocumented immigrant who previously was twice deported and was suspected of narcotics possession and drunk driving.

A three judge panel of the U.S. Court of Appeals for the First Circuit said Judge Shelley M. Richmond Joseph, of Newton, MA, and her then clerk, Wesley MacGregor, must face trial for allegedly conspiring on April 2, 2019 to release the prisoner, who was appearing before Judge Joseph to be arraigned.

Judge Joseph and MacGregor allegedly turned off the courtroom recorder in violating of courthouse rules, and devised a ruse that the prisoner would go to a basement lockup to retrieve some property and then exit the courthouse. MacGregor allegedly used his access card to swipe the prisoner out the back door of the courthouse (and then allegedly lied about accidentally turning off the courtroom recorder.)