Category Archives: bullying

Bullying Touches All Races and Roles

467291571 -- bullying2A fairly comprehensive — and concerning — report on bullying was released by CareerBuilder on Thursday, showing office bullying knows no partiality when it comes to who the victims are.

The survey of 3,372 U.S. full-time, private-sector employees, conducted by Harris Poll on behalf of Chicago-based CareerBuilder, shows 28 percent of respondents have felt bullied at work and 19 percent of them left their jobs because of it.

More importantly, while the prevalence of bullying is higher among certain minorities and workers with lower incomes, the study finds workers in management roles, those with post-secondary education and other workforce segments are not immune.

“One of the most surprising takeaways from the study was that bullying impacts workers of all backgrounds regardless of race, education, income and level of authority within an organization,” says Rosemary Haefner, vice president of human resources at CareerBuilder.

“Many of the workers who have experienced this don’t confront the bully or elect not to report the incidents,” she says, “which can prolong a negative work experience that leads some to leave their jobs.”

Here’s how the percentages of respondents who say they are currently being bullied break down in the study:

Job Level

  • Management (manager, director, team leader, vice president and above) – 27 percent
  • Professional and technical – 21 percent
  • Entry-level/administrative and clerical– 26 percent

Highest Level of Education Attained

  • High-school graduate – 28 percent
  • Associate’s degree – 21 percent
  • Bachelor’s degree or higher – 23 percent

Compensation Level

  • Earning less than $50,000 – 28 percent
  • Earning $50,000 or more – 19 percent

And here’s what I found to be a pretty interesting breakdown as well, the varying ways bullying victims felt bullied on the job:

  • Falsely accused of mistakes he/she didn’t make – 43 percent,
  • Comments were ignored, dismissed or not acknowledged – 41 percent,
  • A different set of standards or policies was used for the worker – 37 percent,
  • Gossip was spread about the worker – 34 percent,
  • Constantly criticized by the boss or co-workers – 32 percent,
  • Belittling comments were made about the person’s work during meetings – 29 percent,
  • Yelled at by the boss in front of co-workers – 27 percent,
  • Purposely excluded from projects or meetings – 20 percent,
  • Credit for his/her work was stolen – 20 percent, and
  • Picked on for personal attributes (race, gender, appearance, etc.) – 20 percent.

And you might find this surprising. I did. Comparing the public and private sectors, workers in government were nearly twice as likely to report being bullied (47 percent) than those in the corporate world (28 percent).

Meanwhile, as David Shadovitz reported back in July, the nation’s road to anti-bullying legislation at the state level — starting with Tennessee — appears to be a slow one, despite the fact that 28 states have introduced such legislation this year.

In fact, as Mark McGraw posted on this blog a little later that month, one of those states — New Hampshire — went in the opposite direction, when its governor — Maggie Hassan — vetoed the bill pending there because its definition of abusive conduct was too broad.

The silver lining there, McGraw says, is that both the governor and the bill’s sponsor acknowledge workplace bullying is a problem that needs to be dealt with.

My guess is the people in that camp far outweigh those questioning the problem’s seriousness. CareerBuilder’s certainly in the former. So what’s it gonna take to get more laws on the books?

 

A Setback for Anti-Bullying Efforts?

bullyEarlier this month, HRE Editor David Shadovitz reported on Tennessee Gov. Bill Haslam’s signing of the Healthy Workplace Act, which made the Volunteer State the first in the Union to pass legislation aimed at putting an end to on-the-job bullying.

In that piece, Shadovitz pointed out that 28 states have introduced anti-bullying legislation this year. Experts, he said, predict other states will soon take similar measures, adding that New York and Massachusetts appear the most likely to pass anti-bullying laws applying to private-sector employers. (The Tennessee law only affects the practices of state and local government agencies.)

While some states may soon follow in Tennessee’s footsteps, it seems that New Hampshire took a step in the opposite direction this week.

On Monday, Gov. Maggie Hassan vetoed a bill geared toward protecting New Hampshire state employees from abusive work environments, saying the bill was “well-intentioned but unworkable,” according to the Concord Monitor.

The measure—which state lawmakers passed after current and former state workers said they had experienced bullying behavior at work—would have required state departments and agencies to develop policies to address harassment, the Monitor reports.

Hassan, however, found the legislation’s definition of abusive conduct to be overly broad, which she says could make even routine employee interactions potential causes of action. The bill “also attempts to legislate politeness, manners and the interpersonal relationships of co-workers,” she said, contending the law would lead to a significant spike in lawsuits and subsequently hamper productivity.

Conversely, bill sponsor Rep. Diane Schuett feels a failure to put anti-bullying laws in place yields roughly the same end result, with respect to employee output.

“[Bullying] undermines the efficiency within state government if you end up with one or two employees being harassed on the job, either by another employee or a supervisor, and you end up with the entire agency being aware of it and feeling like they have to pick sides.”

There might well be some truth in both of those statements. Maybe the silver lining in the New Hampshire scenario is that the bill—which state lawmakers could revive by overriding the Governor’s veto—is at least on the table, with each side acknowledging that workplace bullying is a real and pervasive problem that must be addressed in some way, even if the legislation’s workability may be at issue.

Harassment by Association

legalCan an employee’s connection to someone in a protected class be the basis for a successful harassment lawsuit?

It may be, according to the California appeals court ruling that allows former firefighter David Derr to proceed with his claim that a supervisor regularly harassed him for defending his lesbian daughter.

Derr, employed by the Kern County Fire Department for 29 years, claims James Rummell—who became department captain and Derr’s supervisor near the end of Derr’s tenure—made anti-gay remarks in his presence sometime during Rummell’s first year as supervisor. Upon learning Derr’s daughter was gay, Rummell allegedly started to regularly harass him about his daughter’s homosexuality.

According to court records, the harassing behavior reportedly included comments about how gays were “led in that direction” or had experienced childhood traumas that “twisted” them, as well as emails sent to Derr from Rummell’s wife saying his acceptance of his daughter’s homosexuality was a “blatant opposition to the commands of God.” Court records indicate Derr told Rummell he “did not want to hear any more such commentary,” and reiterated that he had a gay family member.

Derr was eventually granted a shift change, but Rummell allegedly continued to stay behind after his own shifts ended in order to further harass Derr, who began to show physical symptoms of stress including insomnia, chronic diarrhea and headaches. Derr attended counseling, but the fire department’s employee assistance program terminated the sessions after three appointments, reportedly informing Derr that “no further treatment was available” and that he should “suck it up” with regard to handling his treatment at the hands of Rummell.

Derr ultimately retired in July 2009, citing Rummell’s abuse among the reasons. He subsequently sued the department, claiming harassment. A lower court dismissed Derr’s complaint, but the appeals court decision reversed that ruling.

This state-level decision only applies to California-based companies, but exemplifies a “noticeable trend” in the workplace, says Ron Chapman, Jr., a Dallas-based labor and employment attorney with Ogletree, Deakins, Nash, Smoak & Stewart.

“Employees are becoming increasingly assertive, and that includes speaking out against perceived wrongs toward others,” says Chapman. “In other words, even when the employee affected by the alleged misbehavior does not complain, one of his or her co-workers might.”

Employers and HR leaders must react accordingly to protect employees as well as the organization, he says.

Depending on the circumstances, it could be unlawful if the person who complains becomes the target of harassment or retaliation, even if the underlying behavior complained about was directed at someone else. To help avoid liability and promote best practices, human resource professionals should update their policies and training programs to ensure they cover this type of scenario.”

Talk About Your Cyber-Bullying…

… It’s even worse when it’s your boss doing the ugly deeds — at least that’s the story in this Times of India article about an HR executive who finds out that it’s her CEO who has been bad-mouthing her anonymously online.

According to the story, the HR leader became confused when co-workers suddenly were difficult to work with — until her friends told her that someone was posting on a “consumer website” that she frequently slept with co-workers and “spoiled them.”

Acting on her complaint, the policy cyber-crime investigation unit traced the comments to the IP address of her boss, the CEO of an unnamed multinational corporation in Mumbai.

The CEO broke down at the police station. “She found herself in front of the victim, who she could not look in the eye. She even had tears,” the officer said. “In a written apology, she said she was jealous as the victim was getting quick promotions. So, she started writing online posts, the website being one that is visited by private companies, to do background checks on potential recruits. She wanted the management to take note of the posts and initiate action against the victim.”

The CEO was not charged with a crime.

Assuming this is true, it’s a pretty strange story. If a CEO is that unhappy with an employee, she could just terminate — or more deviously and just as disgracefully — sidetrack her promotions or even her career without using the Internet to disparage her reputation.

But it is, yet again, a cautionary tale for HR leaders to make sure they have some social-media policies that provide guidance to workers about what is and what is not acceptable online behavior.

Here’s a recent story Kristen Frasch wrote on HREOnline™ about Setting Boundaries on Social Media, using rulings from the National Labor Relations Board and a report by the U.S. Chamber of Commerce as guidance.