Who’s afraid of the big, bad boss?

A significant number of U.S. workers say they are— and soon those in New York may be able to sue their employers, including small businesses, for any suffering they experience at the hands of a toxic boss or other workplace bully.

Earlier this month, the Empire State’s Senate passed a bipartisan measure that would allow workers who’ve been physically, psychologically or economically abused while on the job to file charges against their employers in civil court. The bill applies to organizations of all sizes, unlike other employee-friendly laws that exempt small businesses, such as the federal government’s Family and Medical Leave Act. It also holds employers responsible for the bullying of workers by colleagues and not just supervisors.

In addition to New York, 16 other states have introduced legislation in recent years aimed at curbing workplace bullying, but none have become law. New York’s passage by the state’s Senate is considered significant because the issue is generally deemed a liberal cause; the state’s Senate is made up of a slight Democratic majority and one of the bill’s two leading sponsors is Republican. The bill next moves to a vote by the labor committee of the state’s Democratic-majority Assembly at a to-be-determined date.

Business owners nationwide should take note, as a chain reaction is likely to ensue if the measure becomes law, says Jennifer Rubin, a partner in the employment-law practice at New York law firm Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C. “It’s only a matter of time before this trends to other states,” she says. “It’s politically popular.”

New York’s anti-bullying bill defines bullying broadly and includes the repeated use of derogatory remarks, insults and epithets, as well as conduct that a “reasonable person” would find threatening, intimidating or humiliating.

Mathew Tully, founding partner of Tully Rinckey PLLC in Albany, N.Y., says he’s concerned that his 77-employee law firm could get sued as a result of the bill because it operates within a high-pressure environment. “Generally, our employees are acting in a professional manner, but every so often there may be a burst of anger,” he says.

On the flip side, Mr. Tully figures that his firm would likely see an increase in demand for its legal services if the bill were to become law, as he’s already heard from more than a dozen clients seeking advice on how to avoid litigation. “It’s going to drum up a lot of business for us,” he says. “This is almost guaranteed to flood the courts.”

Road Science LLC, a Tulsa, Okla., technology company with 110 workers, pledges in its employee handbook to maintain a “jerk-free” culture. Anti-bullying bills were proposed—but never passed—in Oklahoma in 2004, 2007 and 2009. Frank Panzer, Road Science’s chief executive, says he opposes such legislation because it could prompt false claims from workers. “The danger is you create a victim mentality,” he says. “Just because you’re being disciplined doesn’t mean someone’s bullying you. A lot of (managers) are just very forthright. If they feel it, they say it. They don’t have much tact.”

According to New York lawmakers, between 16% and 21% of employees have experienced health-endangering workplace bullying, abuse and harassment, and such behavior is four times more prevalent than sexual harassment.

The problem is just as common in small businesses as large ones, says Wayne A. Hochwarter, a management professor at Florida State University’s College of Business, who surveyed 980 workers in March and April on the topic. One third of respondents said they work for companies with about 100 employees or less, and of those, 23.5% reported experiencing supervisor bullying on a weekly basis, compared with 21.3% of the other two-thirds of respondents who said they work for larger organizations.

To be sure, New York’s anti-bullying legislation says that employers may not be held liable if they take steps to prevent or promptly correct abusive behavior. Small-business owners should therefore be sure to have a policy that prohibits bullying by both supervisors and colleagues, says Rick Gibbs, a senior human-resources specialist for Administaff Inc., a Kingwood, Texas, human-resources-outsourcing firm. Owners should also create ways for employees to notify them about instances of abuse, such as by installing an anonymous hotline.

Of course, it can also be helpful to try and avoid hiring workers who might be perceived as bullies in the first place. Suzanne Miller, owner of SPM Communications LP, a public-relations company in Dallas with 18 employees, says she asks candidates about their experiences working with others to get a sense of whether they might have abusive tendencies. “If you take the time to get to know a person and what motivates them in business and in life, you’re going to find that you choose the right people,” she says.

Ms. Miller says she’s glad the New York legislation recognizes bullying as unhealthy. Part of what motivated her to become an entrepreneur in 1999 was a prior three-year stint working for a toxic boss. “She would scream at me before she would check the facts,” says Ms. Miller of her former employer. “I felt belittled for no apparent reason.”

Business owners should also consider the possibility that they might actually be bullies. One telltale sign: A high turnover rate, says Gary Namie, co-founder of the Workplace Bullying Institute, an employee-rights group in Bellingham, Wash. “You’re creating a place that reasonable people don’t want to stay in,” he says. “You’ve probably focused on whatever it is you make or sell and don’t have an incentive to get management skills.”

Another indicator of a bully business owner is if he or she takes all the credit for their company’s success, says Vicky Oliver, author of “Bad Bosses, Crazy Coworkers & Other Office Idiots.” “If everything is your idea,” she says, “it’s probably because you’re bullying the people who work for you into submission.”

See original article:

http://online.wsj.com/article/SB10001424052748704717004575268701579722946.html

Specifically, this legislation provides legal redress for employees who have been harmed psychologically, physically or economically by being deliberately subjected to abusive work environments; and it provides legal incentives for employers to prevent and respond to mistreatment of employees at work. This is the Workplace Bullying Institute Healthy Workplace Bill (HWB) that has been introduced in 16 other states. It was authored by Suffolk Law Professor David Yamada. The grassroots group NY Healthy Workplace Advocates has been the local catalyst for the many bills introduced in New York state since 2007.

“The social and economic well-being of the State is dependent upon healthy, safe, and productive employees,” said Senator Morahan.  “I want to thank all my colleagues, on both sides of the aisle, who voted for this legislation today.  In particular, Senator George Onorato, Chairman of the Labor Committee, Republican Leader Dean Skelos, Majority Conference Leader John Sampson and Deputy Majority Leader Jeff Klein for helping secure passage of the legislation.”

“I became aware of the prevalence of abusive environments in the workplace when one of my constituents brought her situation at her place of employment to my attention.  It became apparent that legislation was needed to address the problem,” said Morahan.

“Workplace bullying, abuse and harassment bring with them a variety of very serious human and economic costs,” said Senator George Onorato, Chairman of the Labor Committee and co-prime sponsor of the legislation. “Abusive behavior can cause grievous harm to employees who are the victims of it, leading to all manner of health problems and, often, forcing them to leave their jobs to escape it.  In addition, it costs employers in terms of lost employee productivity, and other workplace problems.  By taking aim at abusive work environments, this legislation will protect employees from inappropriate behavior and help our businesses to become more productive and successful.” The bill passed Onorato’s committee on March 12, 2010.

“Mistreatment of employees in the workplace is a serious issue, but too often, workers have no recourse when they are subject to an abusive work environment,” said Senate Republican Leader Dean G. Skelos. “Senator Morahan’s legislation will help employees who have been harmed, physically, mentally or financially, and will encourage employers to do more to prevent and respond to this problem.”

“We are truly appreciative of Senator Morahan’s efforts which have culminated in the passage of vital legislation today in the New York State Senate,” said  New York Healthy Workplace Advocate State Coordinators Mike Schlicht and Tom Witt.

“On behalf of the workforce of our State, I call on my Legislative colleagues in the Assembly to pass this bill in their house,” said Senator Morahan.

“This is only the second state in the nation to have passed the HWB on a floor vote. Now it is up to the outgoing Chair of the Assembly Labor Committee, Susan John, who is not running for re-election, and Assembly Speaker Sheldon Silver to guide the bill to a successful Assembly vote,” said Gary Namie, WBI Director.  “Thanks to NYHWA, the bill has 48 Assembly co-sponsors. With a positive vote by June 21, the bill could be on the Governor’s desk and become the first law in the U.S. of its kind”

Anyone who supports the passage of the HWB into law, please follow instructions at the NY State page of the HWB website.

Check out Dr. Gary Namie in a variety of media appearances on the Workplace Bullying Institute’s YouTube Channel

Our YouTube videos provide education on the phenomenon of Workplace Bullying, guidance for targets of bullying, and suggestions for employers to create safe, healthy working environments.

As a follower of the workplace bullying phenomenon, you are invited to join the new IAWBH organization. Tell your friends. Begun at the biannual conference held in Montreal in 2008 (described at this site), this group which was primarily limited to academic researchers in the early years is now reaching out to a broader constituency — clinicians, practitioners, non-academics.

The next conference is June 2-4, 2010 in Cardiff, Wales. WBI will be represented with Dr. Gary Namie and Prof. David Yamada delivering keynote addresses and presenting papers.

Sponsored by the American Psychological Association/National Institute for Occupational Safety and Health /Society for Occupational Health PsychologySan Juan, Puerto Rico | The Conference Program | The Conference Website

WBI participation

Symposium: Case Studies in Workplace Bullying – Just Scratching the Surface of Costs and Consequences.  Saturday Nov. 7:  11:30-12:45.  Presenters: Gary/Ruth Namie, Kathy Rospenda, Joel Neuman, Suzy Fox, David Yamada

Roundtable: Workplace Bullying: From Research to Activism. Sunday Nov. 8: 9:45-11.   Presenters: Suzy Fox, Lamont Stallworth, David Yamada, Gary/Ruth Namie, Joel Neuman

Paper: Bullied Workers Shunned in U.S. Workplaces.  Sunday Nov. 8: 2:45-3:45. Presenters: Gary/Ruth Namie

You can read the research works by these WBI-affiliated scholars in the WBI Research section for friends.

By Tali Arbel
Associated Press Business Writer
Newsday
June 30, 2009

BULLY WATCH: The recession is creating a “blank check” for office bullies, said one employee advocate.

The downturn’s layoffs – job rolls have shrunk by 6 million since the recession’s start – may make a bad situation worse for victims, said Gary Namie, director of the Workplace Bullying Institute, an advocacy group.

Namie is the author of the “The Bully at Work.” It was originally published in 2000, with an updated version released this June.

The “absolute control of an employer is more apparent in a recession,” he said. That means workers are feeling the heat, as the bulk of workplace harassment cases involve superiors taunting their employees, he said.

“People are more stressed because there’s no escape,” he said. While previously employees could jump to another job when the verbal abuse, humiliation, career sabotage or intimidation he defines as bullying got to be too much, a new job is harder to find during a recession.

Namie’s Institute is pushing states to adopt legislation defining abusive conduct in the workplace and setting guidelines for employee behavior and possible litigation. The federal government currently prohibits harassment based on race, color, sex, religion, national origin, disability and age.

His advice for those who feel harassed:

- Understand that abusive behavior – invading someone’s space with intent to intimidate or calling the person names – isn’t just rude. “It’s not inadvertent, it’s not accidental,” Namie said. Recognize someone else’s actions as a problem that’s hurting you.

- Try to get sick leave time, he said. Often workplace bullying goes on for a long time, and can even cause stress disorders for targets.

- Build an economic case against the bully. Has there been high turnover or absenteeism? Is there low morale? Has productivity sagged due to a tense, inefficient atmosphere?

“You have to make the argument that the bully’s too expensive to keep,” Namie said. Take this case to the highest-level person in your company that doesn’t have a personal connection to the source of harassment.

- If you can, look for another job. Getting away from the bully might be the easiest way to resolve the problem.

The basis for claiming that the recession is exacerbating workplace bullying can be found in the WBI June 2009 study results.

The complete description of our advice for bullied targets can be found here.

This article also appeared in the Chicago Sun Times, Dallas Morning News, Miami Herald, Contra Costa (CA) Times, Cincinnati Enquirer, Birmingham (AL) News, Mississippi Sun-Herald, Lakeland (FL) Ledger, St. Petersburg (FL) Times, Evansville (IN) Courier & Press, Seattle HeraldNet

2010 Cardiff Conference

June 2-4, 2010

Cardiff, Wales, UK

The conference website