July 10th, 2014
HR Exec: Taking Aim at Workplace Bullies
By David Shadovitz | Human Resource Executive, July 10, 2014
Anti-bullying legislation continues to gain momentum in state legislatures, with Tennessee becoming the first state to pass anti-bullying legislation.
On June 17, Tennessee Gov. Bill Haslam signed into law the Healthy Workplace Act, a law that affects the practices of state and local government agencies. Private employers are not affected.
The law defines “harassment, intimidation or bullying” as any act that “substantially interferes with a person’s work performance or creates an intimidating, hostile or offensive work environment,” and instructs the Tennessee Advisory Commission on Intergovernment Relations to create a model policy by next March. Employers have the option to adopt the TACIR policy or not. Those deciding to enact it would be immune from claims arriving from bullying behavior.
Proponents of anti-bullying legislation and experts believe other states could soon follow in the Volunteer State’s footsteps, with some pointing to New York and Massachusetts as the most likely to pass anti-bullying laws that would also include private-sector employers.
So far, 28 states have introduced anti-bullying legislation this year, according to the Workplace Bullying Institute in Bellingham, Wash.
In June, Puerto Rico Governor Alejandro Garcia Padilla vetoed legislation that would have held both public- and private-sector employers in that territory accountable for workplace bullying. In doing so, Padilla pointed to the Department of Justice’s view that the definition of “workplace harassment” is too vague and the fact that victims of workplace bullying can still seek protection under the territory’s Constitution.
Gary Namie, national director of the Workplace Bullying Institute and a chief architect of the Healthy Workplace Act, says his reaction to the Tennessee law is generally positive. Any legislation that focuses on abusive conduct in the workplace breaks the silence, he says. “You’re going to have all of the institutions talking about it now.”
But while he considers the Tennessee law a good first step, Namie adds that he’s disappointed by the legislation’s limited scope and authority, describing it as a “gutted” version of the Healthy Workplaces Act.
Namie notes that it’s also unfortunate that under the act “all of the processes still happen in-house under a shroud of secrecy . . . . “Everything remains internal.”
Recent studies confirm that bullying continues to be a widespread and troubling issue in workplaces.
This entry was posted on Thursday, July 10th, 2014 at 12:00 pm and is filed under Healthy Workplace Bill (U.S. campaign), WBI in the News, Workplace Bullying Laws. 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.