If you work with people, there’s a good chance you’ll be bullied at some point in your career.
A joint study of Workplace Bullying Institute (WBI) Y Zogby shows that nearly 50% of American workers (also a growing international problem) have witnessed or been victims of workplace bullying.
I think those same bullies at work are bullies at home. And also when they were younger, at school, where bullying has now become a serious national problem.
Did you know that under many state laws and some federal laws, certain employers must establish and maintain policies against discrimination and/or harassment to protect their employees? Although not specifically required by law, it is a good idea for your organization to have these policies. They allow you to make it clear to your employees that certain types of behavior are intolerable and can also provide a defense for your company should a lawsuit arise. If there is a written policy, make sure it is followed.
If your company does not have such zero tolerance policies, the following ideas can help you write your own. Prevention is your best tool to eliminate bullying in the workplace.
Take steps to prevent harassment and violence in the workplace
Employee behavior is a growing problem in the workplace. Companies need to understand how to prevent it and how to respond to it, using real-life examples from headlines and the courts.
At a recent conference and seminar for human resources professionals, attorneys from a leading Washington, DC law firm offered advice on how to stop harassment and prevent violence in the workplace.
Bullying was defined as a mistreatment of a person that is deliberate, hurtful, and repeated and that prevents the person from doing his or her job. A stalker is often trying to control or manipulate the person.
Harassment can be:
- Slander
- To insult
- Screams
- Comments about appearance or lifestyle.
- Joke
- Threats or harassment
- unfair criticism
- postponement
- Assault
- physical assaults
- Unreasonable work assignments
- Minor homework assignments
- Gossip
Harassment can come from an employee, vendor, or customer and can occur during or after work. It can happen in person or via email, mobile devices, or Internet chat rooms and websites.
This behavior is not based on race or gender, so it is technically legal behavior. But it is disruptive and inappropriate in the workplace and should be banned.
Managers and supervisors should not be afraid to criticize and give feedback on their employees’ performance. Training, counseling, discipline, assessments, standards, and goals, provided in a respectful manner in accordance with policies and procedures, are acceptable behaviors.
Employers pay the price when bullying occurs in their workplaces. In 2008, the Indiana Supreme Court issued a $325,000 verdict against a surgeon who yelled at a nurse during an operation. The court upheld her claims about the intentional infliction of emotional distress.
More costs could come through the proposal healthy Workplace Bill, which has been proposed in 17 states. The legislation would make it an illegal employment practice to subject an employee to “an abusive work environment.” Supervisors and employers could be held accountable for their actions and cases would go directly to court. No state agency would take over the case before the parties appeared before a judge.
The responsibility of an employer
Your company could be held liable for the actions of its employees under acts of the U.S. Equal Employment Opportunity Commission (EEOC) and the Occupational Safety and Health Administration (OSHA) general duty clause that provides for a safe workplace. You could be held liable for negligent hiring if your organization hires someone you knew or should have known could cause harm; and by negligent referral, if you fail to alert other employers to a previous employee’s violent history.
Retaining an employee who threatens or exhibits violent conduct could make you guilty of negligent supervision and retention. Documenting all steps taken in disciplining all employees is more important than ever.
Employees can file claims against their employers under anti-discrimination laws. In one case cited, an employee’s coworkers repeatedly mocked him for not being “manly.” Some federal courts have determined that this behavior constitutes a hostile work environment based on “sexual stereotyping.”
How not to hire a harassing or violent employee
Pre-employment background checks are recommended to avoid introducing a violent person into the workplace. You must have a policy to govern your actions during the selection process and the policy must be followed and acted upon consistently.
During the hiring process:
- Check all statements on the job application and resume and at job interviews. What happened during the employment gaps? Be precise.
- Check dates of employment and positions held with previous employers. Check references.
- Ask previous employers about specific threats or acts of violence.
- Conduct checks in accordance with legal mandates, including the Fair Credit Reporting Act and state arrest record laws.
- Do not rely solely on the Internet for detection and verification. You cannot be sure that the information is accurate.
- Document everything you’ve asked and all responses received, who you’ve talked to, and what sources you’ve consulted.
- Inform applicants in writing that any falsification of information will result in termination of employment.
- Keep all the documentation you have gathered throughout the course of your term.
Scan your environment
HR professionals, supervisors, and managers should always be “scanning their environment.” Is inappropriate behavior addressed? Do employees leave a department at a higher rate than other departments? How well are policies followed?
Employee surveys can help identify problem areas, but all departments must “be ready to act” if the survey points to problems.
Conduct investigations to address problems the first time they arise. “You might as well address it the first time; you may not have to worry about it happening a second time,” a lawyer added.
Investigations must be fact-focused and must be thorough, impartial and objective. Compare witness statements and evidence such as access card records and clock data. Document everything you do.
Determine the appropriate action considering:
- What are the facts?
- How serious is the offense?
- Did the employee know the expectations?
- How did the employee know?
- Was the employee provoked?
- Has the problem been thoroughly investigated?
- Has the employee been discussed with the problem?
- Have the policies been applied consistently? (HR must be involved in all investigations to ensure this).
- Is the response under consideration appropriate for the incident and for the employee’s rank in the company?
Finally, tell the complaining employee about the resolution of the problem so they know you took their complaint seriously.
Training can prevent workplace harassment and violence and should be mandatory throughout your organization. It should include procedures on reporting incidents, how to recognize the warning signs of harassment and violence, how to respond effectively, how to resolve conflicts, how to handle crises, and how to use the Employee Assistance Program. Make sure the bullying and violence prevention training aligns with the bullying prevention training. Include prominent display of safety posters that promote your zero tolerance environment.
Finally, make sure all human resource systems are working together to prevent harassment and prevent violence in the workplace. Do new hire processes include background checks? Do orientation and training address violence prevention? Does the compensation and benefits system unwittingly encourage employees to compete too much? Do reviews address how employees treat others?
Set policies in place
You need a plan that incorporates your HR function with all departments, including legal, security and IT.
HR professionals and managers should review their policies regarding workplace bullying, violence and behavior to ensure they are up to date with laws and any organizational changes. They should be reviewed by legal counsel to ensure they comply with state and federal regulations.
Written policies should be developed to:
- background screens
- Reference checks
- Appropriate behavior in the workplace, including zero tolerance for truly egregious behavior, a ban on weapons in the workplace (where permitted), and definitions of unacceptable behavior such as harassment, violence, and intimidation.
- incident report
- Complaint procedure
- disciplinary action
- conflict resolution
- Training
Bullying or aggressive behavior should never be tolerated. Nor should it be entrenched or accepted as part of the workplace culture. It is everyone’s job to take responsibility and provide a safe and healthy work environment. It’s just good business.
This material is provided for general information only and does not constitute or replace legal or other professional advice.