November 21st, 2011
7 ways to end workplace bullying: Anderson
7 ways you can put an end to workplace bullying
by by Megan L. Anderson, Esq., Business Management Daily, Nov. 21, 2011
The effects of bullying on children have made headlines in recent months, but workplace bullying is an issue that doesn’t receive much attention. Yet, it’s a growing problem, partly because Internet cyber-bullying can reach beyond the workplace walls and into employee’ private lives.
Costs of bullying
According to surveys by the Workplace Bullying Institute (www.workplacebullying.org) and the Employment Law Alliance (www.employmentlawalliance.com), between 33% and 44% of employees have experienced bullying at work.
Victims can suffer physical or emotional harm that interferes with their professional and personal lives. Employers, in turn, may suffer the costs associated with decreased attendance, increased medical and insurance claims, legal claims and lost productivity and opportunity costs resulting from demoralized and distracted workers.
Studies also show that employees working in intimidating environments are less likely to speak out about potentially dangerous or otherwise costly errors.
All of this can affect an employer’s bottom line and competitive edge.
Will legislation help?
A movement to legislate against workplace bullying is gaining momentum. In May 2011, Minnesota became the 21st state to propose a workplace bullying law. While no state has yet passed legislation, New York came close last year.
Advocates of such legislation argue it is needed to address legal gaps. While the most extreme bullying and bullying based on protected class status may be unlawful under current laws, it is generally not against the law to be an equal opportunity jerk.
Opponents of anti-bullying legislation counter that it is impossible to adequately define illegal bullying and that the bar for claims will be set too low. Employers, mindful that it’s impossible to ensure universal workplace civility, worry that anti-bullying laws will generate a flood of frivolous litigation stemming from legitimate actions, such as efforts to discipline poor performers.
Despite the ongoing debate, the proposed legislation in New York drew bipartisan support. That proposed law, which was similar to legislation proposed in other states, required that bullying be severe, carried out with malice and unrelated to any legitimate business interest. It also modeled employer obligations after existing obligations under discrimination laws, providing employers with legal defenses for their efforts to prevent and promptly respond to bullying. It is not yet clear whether workplace bullying legislation will be enacted, but New York’s near-passage of a law has led some commentators to predict such legislation is in our future.
There appears to be public support for such legislation. In 2010, surveys by the Workplace Bullying Institute and the Sunday newspaper magazine Parade indicated that as many as 90% of respondents favor such legislation.
7 steps to stop bullies
Given these trends, employers should, if they have not already done so, start paying attention—both to get ahead of potential legal obligations and to mitigate the high business costs of bullying.
Some steps employers might consider taking include:
1. Adopt a “no jerks” rule. That’s the first step advocated by Robert Sutton, author of the colorfully titled book The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn’t. Sutton defines a jerk as someone who oppresses, humiliates, de-energizes or belittles a subordinate or a colleague.
[WBI comment: Better and more practical still is the employer roadmap found in The Bully-Free Workplace: Stop Jerks, Weasels & Snakes from Killing Your Organization.]
2. Adopt and enforce an anti-bullying policy. Such a policy should include reporting and response procedures akin to those used for harassment. To avoid contract claims, however, policies should include contract disclaimers.
[WBI: Anderson is right about this. See our approach at Work Doctor, Inc.]
3. Avoid hiring bullies in the first place. Including potential peers and subordinates—not just potential managers—in the interview process may help prevent bullies from being hired. Studies indicate that bullies often target those with less power, so peers and subordinates may be better positioned to spot troubling behavior in interviews.
4. Treat bullying as a performance problem. Don’t reward or promote bullies. Doing so sends a message that bullying is accepted and not a bar to success. Instead, reform or get rid of bullies whenever possible. No matter how valuable an employee seems, the real and significant costs of bullying, if quantified, often outweigh a bully’s perceived value.
5. Train your employees on the company’s expectations regarding bullying. You might also train employees on how to engage in constructive, respectful confrontations and debates.
6. Use available counseling resources. Those might include anger-management counseling and employee assistance programs.
[WBI: This advice is much shakier.]
7. Take steps to prevent violence. Most bullying does not turn violent, but bullying can be a precursor to violence by the bully—or by the bully’s frustrated and angry target. Consider forming a threat-assessment team to address violence risks as they may arise.
###
Author: Megan Anderson, Esq., is a principal at Gray Plant Mooty in Minneapolis. She concentrates her practice in employment law counseling and litigation. Contact her at (612) 632-3004 or megan.anderson@gpmlaw.com.
Tags: Megan L. Anderson, Workplace Bullying Institute
This entry was posted on Monday, November 21st, 2011 at 6:19 pm and is filed under Bullying in the News, Legislative Campaign. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
Loading ...
