Workplace Bullying: The New Harassment

I suspect most of you reading this article heard about the recent tirade that actor Christian Bale reportedly had on the set (you may have even heard it on You Tube). MSNBC.com recently published an article asking if such an outburst constitutes workplace bullying.  

In September 2007 Zogby International, in conjunction with the Workplace Bullying Institute, published the results from a comprehensive survey on this topic drawing feedback from nearly 8,000 respondents.  Here are just a few highlights:

• 37% of the respondents indicated they have been bullied at work;
• 49% reported that they have witnessed workplace bullying;
• bullying is reportedly four times more frequent than unlawful harassment;
• nearly 44% reported that their employer did nothing when they reported workplace bullying. 

Currently at least 9 states have enacted laws prohibiting workplace bullying and at least six have related legislation pending. So what is workplace bullying and what are the legal implications? Definitions vary.  The conduct sometimes arises from behavior engaged in by an equal opportunity harasser.  That is, a person who engages in mean, rude, derogatory conduct that is not directed towards individuals of any particular protected class e.g., not on the basis of anyone's age, race, religion, national origin, etc., but the conduct is directed equally to all.  Such conduct may not constitute unlawful harassment under Title VII of the Civil Rights Act of 1964 or other federal or state anti-discrimination laws but it may give rise to other legal claims such as slander, defamation and/or intentional infliction of emotional distress.

It is a proactive practice to include information in your harassment prevention policies and training programs for staff and managers that tells them about not just what the law prohibits but also what your company policy is on disrespectful conduct and what the results may be for an employee who engages in such conduct.

What to learn more?  Register for FiveL Company's webcast on March 26th by the same title as this article.

      Hot Hits!! Education Corner

March's Public Seminars & Presentations

Thursday, March 5th - "Employment Law, Legislative & Regulatory Update," presented for the Anne Arundel SHRM, 7:30 - 10:00 a.m., Annapolis, MD.

Monday, March 9th - "Employee Where Art Thou? The Latest News in Managing Disability & Leave Issues" presented during SHRM's 2009 Employment Law and Legislative Conference, 2:00 - 3:15 p.m., Washington, D.C. SOLD OUT! 

Wednesday, March 11th - "Strategic Staffing in Today's Economy" sponsored by Maryland Works, Inc., 9:00 - Noon, Columbia, MD.

Thursday, March 19th, FiveL Company is sponsoring, "Leading Change Within Your Organization" presented by Lou Carloni for the Carroll County Chamber of Commerce, Noon - 1:45, Westminster, MD.  

March's Client Training Programs

"Managing Change in Changing Times" (2)

"Maintaining an Inclusive Workplace"

NEXT WEBCAST!

Wednesday, March 25th, "Workplace Bullying: The New Harassment" 10:00 - 11:00 a.m. EST.  Register today! This webcast has been pre-approved by HRCI for 1.0 general credit hour.

"The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertification credit."

Discounted annual webcast subscriptions for 2009 are still available. Discounts are also available for groups of 5 or more.

Archived are not eligible for continuing education credits through HRCI. Visit the website for more detailed information. 

 Employees' Reaction to Change    

We hear so much about the economy and the impact it is having on business, which in turn impacts employees.  But how are employees responding to these changes? 

In March 2008 the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release revealing its charge statistics for 2007, which rose nine percent. This was the largest annual increase since FY 1993 and the highest volume of incoming charges since 2002. The agency published a statement indicating, "the jump in charge filings may be due to a combination of factors, including…changing economic conditions..."

If that was the case last year, it may be the result to an even greater degree this year.  So it is a time for employers to be particularly proactive.  Review adverse employment actions (demotion, decisions to not promote, corrective action and termination) before they are implemented.  Do a quick demographic analysis prior to termination so you can monitor any trends related to possible adverse impact e.g., has a statistically significant and disparate percentage of your terminations in the last year adversely impacted women, minorities or persons age 40 and above?  For example, let say 60% of your terminations in the last year have been of persons age 40 and above. Do you know why?  Is it because 65% of your entire workforce was age 40 and above? Or was this an unintended consequence when only 35% of your workforce was age 40 and above.

Review your handbooks, policies and procedures. Are they current and up-to-date? Ensure they say what you intend and do not have unintended implications. 

Want some proactive tips at little cost?  If you missed the February 25th webcast, "Employee Handbooks: Read 'em and Weep?" you can view and listen to the archived recording for just $25.00 per person.  The program covers proactive tips for reviewing and updating your Employee Handbook.

  The Brighter Side