Posts Tagged ‘David Yamada’
Thursday, January 25th, 2018
Jan. 24, 2018
It is the anti-workplace bullying legislation written by David Yamada, Law Professor, Suffolk University, Boston, for the Workplace Bullying Institute. The principal sponsor is Sen. Annette Cleveland with co-sponsoring Senators Karen Keiser, Patty Kuderer and Rebecca Saldana. Five supporters testified, including WBI Director Gary Namie by phone.
You might find the two business lobbyists who opposed the bill for its reference to “vicarious liability.” Had they known existing law since 1998, they would understand vicarious liability places responsibility on employers for misconduct of their agents — employees and managers.
Tags: abusive conduct, abusive workplace conduct, Annette Cleveland, anti-bullying law, David Yamada, Gary Namie, Healthy Workplace Bill, legislation, SB 6435, workplace bullying
Posted in Healthy Workplace Bill (U.S. campaign), Workplace Bullying Laws | 1 Archived Comment | Post A Comment (
Monday, January 15th, 2018
Many are hoping that 2017 represented a turning point in the fight against workplace harassment, as the #MeToo moment put a spotlight on sexual misconduct. Now some labor advocates are hoping that the momentum of #MeToo helps to fuel an additional campaign against a different and overlapping type of harassment: workplace bullying.
While there’s been increased attention paid to the bullying of children in recent years, there hasn’t been the same kind of focus on bullying among adults, but statistics indicate that it’s a major problem. According to one 2008 study, nearly 75 percent of participants have witnessed workplace bullying at their job and 47 percent have been bullied at some point in their career. Another 27 percent said they had been bullied within the last 12 months. In a 2014 survey by the Workplace Bullying Institute (WBI), 72 percent of the respondents said that their employer either condones or encourages the behavior.
There’s no universal definition of it, but the WBI defines it as repeated, health-harming mistreatment of one or more persons (the targets) by one or more perpetrators. It is abusive conduct that is:
– Threatening, humiliating, or intimidating, or
– Work interference — sabotage — which prevents work from getting done, or
– Verbal abuse.
WBI sprang from a campaign that was started by Ruth and Gary Namie, a husband-and-wife team of psychologists. In the late 1990s, Ruth worked in a psychiatric clinic and was bullied by her supervisor. To their surprise, the Namies discovered there was very little Ruth could do about the situation. Employment discrimination laws existed, but they didn’t cover things like your boss screaming at you daily or a co-worker trying to sabotage your imminent promotion. If you hadn’t been targeted for abuse because of your race, sex or national origin, or because you blew the whistle on something related to the company, there wasn’t a legal avenue for you to pursue.
The Namies also discovered that there were no organizations working on the issue in the United States, so they started the Work Doctor at the WBI website, where they wrote about the issue, drawing heavily on existing research from countries where it was taken seriously (such as Sweden, Belgium and France). They also created a toll-free hotline for workers to call, counseled thousands of people on the issue, and hosted the first US conference dedicated to the subject of workplace bullying.
At the end of 2001, the campaign moved from California to the state of Washington. At Western Washington University, Gary Namie taught the first US college course on workplace bullying, and the campaign evolved into WBI after a group of research students volunteered to do more survey research.
Tags: abusive conduct, David Yamada, Gary Namie, Gillian Mason, Healthy Workplace Bill, Jobs With Justice, Ruth Namie, Truthout, workplace bullying
Posted in Healthy Workplace Bill (U.S. campaign), Media About Bullying, Print: News, Blogs, Magazines | 1 Archived Comment | Post A Comment (
Wednesday, December 13th, 2017
Battling Bullying in the Workplace
By Rebecca Koenig, U.S. News & World Report, Dec. 13, 2017
It’s Monday morning and you’re filled with dread. You have to present research at the office this afternoon, but the gnawing feeling in your stomach isn’t just performance anxiety. Whenever you speak in front of your team, your boss interrupts to mock what you say. He questions your judgment, calls you an “idiot” and even mimics your voice in an unflattering way. Worse, a few of your co-workers have started to follow his lead, criticizing your work behind your back, and, increasingly, to your face.
You know your contributions are excellent – at least, you used to know. Lately, you haven’t been so sure.
Welcome to the world of workplace bullying. That’s right, the same sort of name-calling, intimidation and ostracism some children experience on the playground can take root among adults in their offices. When constructive criticism crosses a line, or a co-worker undermines your efforts, or your boss starts spreading rumors about your personal life, those are all examples of workplace bullying.
The effects of this abusive behavior can be serious: decreased self-esteem, worsened health and career deterioration. Read on to learn more about the phenomenon and how to combat it.
Understanding the Workplace Bullying Definition
Office bullying is defined as “repeated, health-harming mistreatment” that involves verbal abuse, work sabotage and/or humiliation and intimidation, according to the Workplace Bullying Institute, a research and advocacy organization.
It may occur one-on-one (between two co-workers or a supervisor and subordinate) or in a group setting. The latter, in which multiple people gang up on one person, is known as “mobbing.”
Typically, a bully is “an aggressive person who strikes out at a particular person more than once over the course of months,” says Nathan Bowling, a psychology professor at Wright State University.
Workplace Bullying Statistics
One-fifth of American adults have directly experienced abusive conduct at work, according to a 2017 Workplace Bullying Institute survey of more than 1,000 people.
More than two-thirds of office bullies are men, and both men and women bullies target women at higher rates. Hispanics report higher levels of bullying than members of any other race.
It’s not uncommon to have a bully boss: 61 percent of targets reported bullying from people in more senior positions.
Tags: David Yamada, Gary Namie, workplace bullying, Workplace Bullying Institute
Posted in Media About Bullying, Print: News, Blogs, Magazines, WBI Surveys & Studies | No Archived Comments | Post A Comment (
Tuesday, July 29th, 2014
Victims say the problem is tangled by workers’ fear of retribution, lack of legal protections, and concerns about what constitutes abusive behavior.
By Bella English – The Boston Globe – July 29, 2014
Carol Anne Geary is a veteran librarian who loved her profession and went back to school, while working, to earn a master’s degree in library science. But her passion turned into a nightmare when, she says, she was bullied on the job to such an extent that she was hospitalized with high blood pressure and other health issues.
Geary, who lives in Shrewsbury, was working at a library in another town where she says other staffers verbally abused and excluded her, spoke to library patrons about her in derogatory terms, and made disparaging remarks about gay issues, knowing that she has a gay son.
When Geary took a short leave, on her doctor’s orders, she was bombarded with phone calls, asking her why she couldn’t work from home. The truth was, she could hardly get out of bed. The library, she says, fought her workers’ compensation claim, and then fired her when she was too sick to return to work. “Workman’s comp — they understand if you hurt your leg on the job. But it’s almost impossible to prove that you’re sick because of bullying,” says Geary, who doesn’t want to identify the library because she fears her former co-workers. “We need to make the workplace safe and healthy.’’
In recent months, a spotlight has been turned on the issue of workplace bullying by some high-profile local cases, including Suffolk County Register of Probate Patricia Campatelli, who was suspended over allegations of punching a subordinate after a holiday party. A report by a court-appointed investigator said she “created a fearful atmosphere” in the office.
In July, Leslie Berlowitz resigned as head of the American Academy of Arts and Sciences in Cambridge following several accusations that included subjecting employees to frequent tirades, prompting some to quit in a matter of days or weeks. One former worker recalled that Berlowitz barred entry to the employee kitchen for weeks by posting yellow crime scene tape over the doorway because a worker left a dirty spoon in the sink.
Research suggests that the problem is widespread, with as many as one in four workers saying they have been subjected to abusive conduct on the job. And state legislators are considering a bill to combat it.
Given the apparent scope of the problem, why does it remain so shrouded?
Monday, July 14th, 2014
The Healthy Workplace Campaign is WBI’s effort to enact anti-bullying legislation for the American workplace state by state. The model bill is called the Healthy Workplace Bill (HWB).
Features of the HWB
• Suffolk University Law Professor David C. Yamada, text author, used federal Title VII Civil Rights laws as basis
• Defines severe abusive conduct — does not use term workplace bullying
• Provides legal redress for anyone subjected to abusive conduct, whether or not the person is a member of a protected status group
• Requires that abusive conduct result in either demonstrable health or economic harm to plaintiff
• Plaintiffs who file lawsuits make public formerly hidden, confidential employer processes that hide and deny bullying
• Prohibits retaliation against any participant in procedures involved in dealing with the abusive conduct complaint
• Requires plaintiffs to hire private attorneys, no fiscal impact on state government
• Provides incentives (affirmative defenses) for employers who implement genuine corrective procedures
• Preserves managerial prerogative to discipline and terminate employees
• Does not interfere with state workers’ compensation laws or union CBAs
We named the HWB in 2002. All other uses of the name HWB are unauthorized by us. California first introduced the HWB in 2003. It has been carried in over half of states and two territories since. The Workplace Bullying Institute trains and provides support to a national network of volunteer Sate Coordinators who lobby their respective state legislators to sponsor the HWB. You can track its status at the HWB website.
Botched Amendments & Unanticipated Consequences
As authors of the HWB, we naturally want the full and original version of the bill enacted into law. And we realize compromises will be made during the process. It is “sausage making,” after all. We just wish all bill sponsors would refuse to allow major revisions that change the spirit of the bill from protecting abused workers to something else. Since the HWB was first introduced, different amendments have been proposed or made.
Often the well-intended sponsor, a pro-worker advocate, agrees to compromise adopting the belief that the law can be built in steps. Let’s get this version passed now and it will be revisited in the coming years and supplemented with the other desired provisions.
Tags: amendments, business lobby, Chamber of Commerce, David Yamada, Gary Namie, Healthy Workplace Bill, Unions, vicarious liability, workplace bullying, Workplace Bullying Institute
Posted in Employers Gone Wild: Doing Bad Things, Fairness & Social Justice Denied, Healthy Workplace Bill (U.S. campaign), Tutorials About Bullying, Unions, WBI Education, Workplace Bullying Laws | 1 Archived Comment | Post A Comment (
Tuesday, May 27th, 2014
States Consider Bills To Crack Down On Workplace Bullies
By Yuki Noguchi, National Public Radio (NPR), May 27, 2014
Listen to the NPR audio segment
Bullying is a behavioral problem often associated with children in grade school, but according to the Workplace Bullying Institute more than a quarter of American workers say they’ve experienced abusive conduct at work.
Now, many states are considering laws that would give workers legal protections against workplace abuse.
Lisa-Marie Mulkern says her boss — the commandant of a retirement home for veterans in New Hampshire — turned on her after she expressed concerns about what she calls wasteful financial management. Mulkern was working as a public-relations manager and fundraiser at the home.
“Even though residents and their families had nothing but praise for my work, and the home’s publicity continued to increase, the commandant started to make my work situation a living hell,” she says.
Mulkern says she was repeatedly excluded from meetings and denied credit for her work and access to critical information. Colleagues took notice but treated her like she was contagious. “And I was told point blank, ‘You’re on your own with that one, Lisa-Marie,’ ” she says.
Mulkern says she lost weight and sleep from the stress.
“I didn’t realize how much of a toll it was taking on me. I was the public face of the home, and I was trying to look the part of the PR person and not let people know that personally, I was being pummeled at work,” she says.
In 2006, after four years working at the retirement home, Mulkern tangled with her boss over a bad evaluation, and lost her job. The current commandant of the home declined to discuss Mulkern’s case, citing state privacy laws. But Mulkern has since testified several times before the New Hampshire legislature, which is one of 15 states, including, and,that are considering bills giving legal protection to workers harmed in abusive work environments.
Tags: David Yamada, Healthy Workplace Bill, NPR, SHRM, workplace bullying
Posted in Broadcasts: Video, TV, radio, webinars, Healthy Workplace Bill (U.S. campaign), Media About Bullying, WBI in the News, Workplace Bullying Laws | No Archived Comments | Post A Comment (
Tuesday, April 1st, 2014
The Workplace Bullying Institute and the New Workplace Institute are happy to announce the launch of a joint initiative, the U.S. Academy on Workplace Bullying, Mobbing, and Abuse, which will support and promote the multi-disciplinary work of leading and emerging educators, researchers, practitioners, writers, and advocates who are dedicated to understanding, preventing, stopping, and responding to workplace bullying and related forms of interpersonal mistreatment.
“For over a year, we’ve been contemplating how to bring together an American network of leading and emerging experts on workplace bullying and related topics. The Academy is our conduit for doing so. We look forward to highlighting the good works of these incredible people,” says David Yamada, Suffolk University law professor and New Workplace Institute director.
The Academy has over 50 Fellows including leading psychological researchers, physicians, attorneys, occupational health experts, professors of management, nursing, and communications, counselors, union trainers, military leaders, advocates, and consultants. The complete list of Fellows can be seen at workplacebullyingacademy.com.
“When we started WBI there was one trade unionist and a couple of academic researchers with the courage to focus on workplace bullying. Since then the field exploded exponentially,” says Gary Namie, PhD, Co-founder of the Workplace Bullying Institute, established in 1997. “We recognize the universality of these destructive behaviors, and this network focuses on the unique challenges posed by American employee relations, mental health, and legal systems.”
Tags: abuse, bullying research, David Yamada, Gary Namie, Mobbing, new workplace institute, U.S. academy, workplace bullying, Workplace Bullying Institute
Posted in Bullying-Related Research, Good News, Healthy Workplace Bill (U.S. campaign), Hear Ye! Hear Ye! 2, Products & Services, Social/Mgmt/Epid Sciences, Tutorials About Bullying, Unions, WBI Education | 4 Archived Comments | Post A Comment (
Friday, March 7th, 2014
Another piece of older audio from a radio program featuring Dr. Namie. Law Professor David Yamada joins the podcast with a history lesson to share. The topic is the origins of employment law in the U.S. that governs the workplace. Unfortunately, the relationship between Master and Servant is the starting point. And not much has changed since. The question for Prof. Yamada is whether assurances of dignity and equality for workers is possible given current laws. Yamada is the author of the anti-bullying Healthy Workplace Bill.
Thursday, January 30th, 2014
Hear opponents of our anti-bullying Healthy Workplace Bill, then supporters, including Suffolk University Law Professor, WBI Affiliate and HWB author, David Yamada.
Tags: David Yamada, greater boston, Healthy Workplace Bill, workplace bullying
Posted in Broadcasts: Video, TV, radio, webinars, Healthy Workplace Bill (U.S. campaign) | No Archived Comments | Post A Comment (
Monday, January 27th, 2014
The (Eastern Iowa) Gazette, Jan. 26, 2014
Greater awareness helps in coping with the problem — but some companies ignore it
The thing about work place bullying is, it’s been there all along.
What’s different today is that it is wrong, and we know it.
At a time when solutions to bullying among school-aged students is being heavily discussed on a national scale, some say the name-calling, humiliation and intimidation that comes along with bullying has become a silent epidemic throughout America’s work force.
And because workplace bullying — which the Workplace Bullying Institute defines as repeated, health-harming mistreatment of one or more persons by one or more perpetrators — is not illegal in any of the 50 states, those affected often have few options available when it occurs.
According to a 2012 Career Builder Survey, 35 percent of workers said they have felt bullied at work, and 17 percent decided to quit their jobs because of the situation. The survey was conducted on online by market research company Harris Interactive and included 3,892 full-time, not self-employed, non-government workers over the age of 18.
Gary Namie, director of the Workplace Bullying Institute, based in Bellingham, Wash., said the issue gets worse when fewer jobs are available, providing a person who feels they are experiencing the bullying with fewer escape routes.
“Its always been there, it’s just a matter of considering it wrong,” Namie said. “What’s new is that it’s wrong, because it is all too often considered routine.
“Management wants you to think this is a routine managerial prerogative, not a problem, and it need not be.”
Namie and his wife, Ruth, founded the Workplace Bulling Institute in 1997 after Ruth experienced bullying at her own job. Now, the group blogs on the topic, runs studies on workplace bullying and is working to get a Healthy Workplace Bill passed to help fix the problem and help raise awareness.