Posts Tagged ‘Healthy Workplace Bill’


Stupid state lawmakers deliberately distort science

Tuesday, July 22nd, 2014

“Suppose you were an idiot.
And suppose you were a member of Congress.
But I repeat myself.”
Mark Twain

I’m starting to sound like my father and can’t believe I question nearly every day “what is this world coming to?” Near the top of my “it’s all going to hell” list is America’s turning its back on science — unabashedly, proudly, defiantly — through legislation.

In the UK, the BBC has banned from their airwaves crackpot guests preaching that climate change is not real. The change is to bolster scientific integrity. Staff will receive training in science and scientific conferences will be attended by staff to stay abreast of developments.

Deniers get equivalence here in the US. One denier with one believer (proxy by Bill Nye, the “Science Guy”). Viewers ignorant of the facts could conclude that climate change is not really something to be concerned about. The fallacy of this false equivalence was never more clear than this demonstration by comedian John Oliver on his HBO show This Week Tonight.

And recently the British government extended its public school ban on teaching pseudoscience, creationism, to cover “academies” and “free schools,” the equivalent of charter schools in the States. The government recognizes the religious bases of the founders of such schools. Thus creationism promotes religion and has no business in the teaching of science.

America is headed in the other direction, driving headfirst into ignorance. Creationists and advocates for “intelligent design” in the US seem to be gaining clout. The National Center for Science Education (NCSE) 2014 legislative scorecard identified states that are attempting to make their children science illiterates.

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Posted in Commentary by G. Namie, Employers Gone Wild: Doing Bad Things, Healthy Workplace Bill (U.S. campaign), The New America, WBI Surveys & Studies | No Archived Comments | Post A Comment () »



Healthy Workplace Bill legislation: A 2014 perspective on distorted amendments

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.

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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 | No Archived Comments | Post A Comment () »



Workplace Bullying: Support for U.S. Laws

Monday, July 14th, 2014


SUPPORT FOR A LAW in 2014

Question: Do you support or oppose enactment of a new law that would protect all workers from repeated abusive mistreatment in addition to protections against illegal discrimination and harassment?

The respondents who answered this question were individuals who were directly bullied, those who had witnessed it, the few who were perpetrators, and those with no personal experience but who believed it happened and those who believed it was exaggerated. Those groups taken together constituted the American public who were “aware” of abusive conduct at work, the 72% (See National Prevalence).

It is clear that those respondents, the American public aware of abusive conduct, want to see worker protections extended beyond the anti-discrimination statutes – 93% support specific anti-bullying legislation.

Furthermore, 50% of Survey respondents self-defined as Conservatives strongly support the Healthy Workplace Bill. With such little opposition from
those expected to oppose the bill, it is a certain conclusion that now is the time for passage of this new law.


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HR Exec: Taking Aim at Workplace Bullies

Thursday, July 10th, 2014

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.

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Wall Street Journal: First State Workplace Bullying Law Has Few Fans

Friday, June 20th, 2014

By Adam Rubenfire – The Wall Street Journal – June 20, 2014

Last month, after a decade of stalled progress in 26 states, advocates of workplace bullying legislation scored their first victory. But they’re not entirely pleased.

Tennessee approved the Healthy Workplace Act on May 22, a law designed to curb verbal abuse at work by making public-sector employers immune to bullying-related lawsuits if they adopt a policy that complies with the law.

Though federal laws outlaw workplace discrimination based on race, color, religion, sex and other protected statuses, advocates like Gary Namie, director of the Workplace Bullying Institute, are lobbying for laws that recognize the verbal abuse of coworkers regardless of whether they fall under a protected class.

Dr. Namie, a social psychologist, said the Tennessee law doesn’t go far enough. The bill his staff drafted for the legislature would have allowed both public and private employers to be held liable in civil lawsuits regarding incidents of alleged workplace bullying if they failed to enforce policies that recognize and protect workers who claim physical or mental harm as a result of bullying.

However, the signed law applies only to public-sector employers, and administrators aren’t required to follow guidelines that the law ordered a state commission to draft by March 2015. Instead, they’re incentivized to do so in exchange for immunity from potential lawsuits.

Under the new law, individual employees may still be held personally liable for abusive conduct.

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Puerto Rico acts on the Healthy Workplace Bill

Friday, June 6th, 2014

If you are new to being bullied at work, you necessarily are consumed by righting the wrong and healing from the self-blame and shame that accompanies it. If you are reading this, you have discovered the WBI website that confirms you did nothing wrong, nor did you deserve the denigration, humiliation or ostracism.

You might have missed the fact that since 2001 we have spearheaded the effort in states to pass a law that would have given you a chance to threaten your employer with a lawsuit. Without the threat of a law, US employers are letting the perpetrators run with impunity. And that doesn’t even count bullying done on behalf of executives and senior managers.

The name of our legislation is the Healthy Workplace Bill. Volunteer Coordinators in 36 states have managed to get the bill introduced in 26 states and in 2 territories — the U.S. Virgin Islands and Puerto Rico. The process is just beginning in the USVI, but progress is significant in PR.

Senator Rosanna Lopez Leon was the prime sponsor of S 501. The bill passed all committees, and both Camara (House) and Senado (Senate) floor votes. Reconciliation of the different versions was completed on June 3.

The bill addresses “acoso laboral” the special cases of harassment we define as workplace bullying and mobbing. The bill speaks about “the dignity of every human being, particularly in the area of employment.”

The bill awaits Gov. Padilla’s signature. Call his office to implore him to make the bill law.

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US Virgin Islands Senator introduces anti-bullying Healthy Workplace Bill

Wednesday, June 4th, 2014

Sen. Clarence Payne, Chair of the Health, Hospitals, Human Services & Veterans’ Affairs Committee, has introduced our anti-bullying Healthy Workplace Bill in the U.S. Virgin Islands legislature. On June 6, in St. Croix, a public hearing for the bill will be heard.

Please visit the USVI Page at the HWB website and use the E-Z letter writer to show your support to committee members.

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Tennessee: Progressive? Still Racist?

Wednesday, June 4th, 2014

A good news / bad news tale. First, the good. On June 3, the Gov. signed a law encouraging public sector employers to adopt policies to address abusive conduct, the way WBI defines workplace bullying. Kudos go to brave Rep. Antonio Parkinson who took the full version of our Healthy Workplace Bill through several committees. The bill did not survive intact, but the state is the first state to adopt a policy-driven approach taken by several counties and cities across the country. Read the details at the TN State Page of the HWB website.

Sadly, on the same week, Memphis WREG-TV-3 reported the Jim Crow era-like conduct of a white supervisor at a cotton warehouse toward black workers. No water fountain, no microwave, the days of segregation were good! The owner said he “outsources management services.” Watch the story that is the basis of an EEOC discrimination case.

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Posted in Broadcasts: Video, TV, radio, webinars, Healthy Workplace Bill (U.S. campaign), Media About Bullying, Workplace Bullying Laws | No Archived Comments | Post A Comment () »



NPR: Workplace bullying and the Healthy Workplace Bill

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

NPR-May 27, 2014

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.

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Live in Norfolk, VA? Vote for Bethel Tues. May 6

Monday, April 28th, 2014

Jane Bethel is the Virginia State Coordinator to enact the Healthy Workplace Bill, WBI Affiliate and union activist. She is running for Mayor of Norfolk, Virginia. Vote May 6!

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Posted in Healthy Workplace Bill (U.S. campaign), Hear Ye! Hear Ye! 2, Workplace Bullying Laws | No Archived Comments | Post A Comment () »



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