'Workplace Bullies' harm workplace

A recent U.S. court case and new research are focusing attention on "workplace bullying," prompting some employers to take steps to curb aggressive behavior.

Experts define workplace bullying as subtle, persistent and often nondiscriminatory harassment of co-workers. Unlike sexual or racial harassment, workplace bullying isn't necessarily illegal. But bullying can contribute to absenteeism and turnover and escalate into illegal behavior if left unchecked, experts say.

QUASHING BULLIES

 

"Workplace bullying" can include sarcastic comments, social exclusion or work sabotage. Lawyers offer these tips for employers:

• Prohibit intimidation and harassment

• In company policies, emphasize cooperation and respect

• Have a clear, publicized internal complaint procedure

• Observe how employees treat each other

• Address problems quickly

Sources: Garry Mathiason, Littler Mendelson P.C.; Jon Meer, Seyfarth Shaw LLP

In April, the Indiana Supreme Court reinstated a $325,000 verdict for Joseph Doescher, a former medical technician who had sued Daniel Raess, a cardiovascular surgeon, for assault in 2002.

Mr. Doescher's attorneys portrayed Dr. Raess as a verbally abusive workplace bully. In the 2002 incident, Mr. Doescher claimed Dr. Raess yelled at and advanced toward him with clenched fists. Dr. Raess's lawyers argued that the bully label was irrelevant and the surgeon's actions didn't amount to assault. But four of the five justices disagreed, deeming workplace bullying an "entirely appropriate" term.

The ruling doesn't mean that employees can sue for workplace bullying alone. But Kevin Betz, who represented Mr. Doescher, calls the ruling "a major breakthrough," as the first time a court recognized bullying as an issue. Dr. Raess couldn't be reached for comment, and his lawyer, Karl Mulvaney, declined to comment.

The Indiana decision came amid growing concern about workplace bullying. Garry Mathiason, a senior partner at Littler Mendelson, a leading employment-law firm, says more corporate clients are raising the issue, motivated by legal questions, as well as concerns about the impact on productivity. Littler Mendelson featured bullying among its "breaking trends" in labor law at a conference for U.S. employers this year.

Angela Cornell, an associate professor at Cornell Law School who specializes in employment law, says workplace bullying is common enough that employers should "nip it in the bud before it becomes a problem."

Graniterock, a Watsonville, Calif., construction-materials distributor, is trying to do just that. In June, Graniterock added nondiscriminatory bullying to its list of prohibited conduct in the workplace, which already included harassment based on gender, ethnicity and other protected statuses.

Graniterock Chief Executive Bruce Woolpert says the policy grew out of events at the company. He says bullying and intimidation are common in the construction industry. At Graniterock, he says, one employee made repeated off-color jokes about another employee's girlfriend; he also has seen veteran workers harshly criticize younger employees.

Emotionally abusive co-workers can hurt a company's reputation with customers and employees and poison a work environment, Mr. Woolpert says. "It's not just the person who is being attacked, it's the entire company."

New research highlights the prevalence and dangers of workplace bullying. In a 2007 survey of 1,000 U.S. workers, 44% said they had worked for a boss they considered abusive. The survey was sponsored by the Employment Law Alliance, an association of 3,000 employment lawyers.

In a 2004 survey by the National Institute for Occupational Safety and Heath, 25% of companies reported bullying incidents in the previous year. More incidents were attributed to co-workers than to supervisors. The study was part of the institute's research on work-related stress.

This year, two Canadian professors concluded bullying can take a more severe emotional and physical toll than sexual harassment, perhaps because companies provide greater support for victims of the latter. In a review of 110 studies spanning two decades, the researchers found that bullied employees were more likely than sexually harassed employees to quit, report physical and mental health problems, and be dissatisfied with their jobs.

Since 2003, lawmakers in 13 U.S. states have introduced bills that would ban workplace bullying, but nearly all have failed. Hawaii passed a resolution that encourages employers to adopt antibullying policies. Proposed legislation is pending in New York. In Connecticut, state Sen. Edith Prague says she plans to introduce a measure in January that would ban bullying in government workplaces.

Most of the bills reflect the influence of the Workplace Bullying Institute, an employee-rights group founded by psychology specialists Gary and Ruth Namie in 1998 after Ms. Namie felt she was bullied at work. The institute is supported by the couple's consulting company, Work Doctor Inc., which advises companies and victims of bullying. Mr. Doescher's attorneys called Mr. Namie as an expert witness in the Indiana case.

Some business groups and lawmakers say workplace bullying is too difficult to define, and a poorly worded law would expose businesses to unnecessary lawsuits.

Mr. Woolpert says Graniterock executives reworked their antibullying policy several times to clarify its message. The company now forbids "unnecessary and rude behavior intended to be offensive and cause emotional distress, including 'workplace bullying.' "

The 11th District Fair Practices Affirmative Action Coordinator is charged with the responsibility of eliminating employment discrimination in the Federal Government, or the Federation on any basis to include, but not limited to, race, color, age, sex, religion, national origin, handicap, political affiliation, or sexual preference.

The District Coordinator is further charged with the responsibility of implementing the policy, enforcement, training, research, and administration necessary to fulfill the Federation's commitment toward equal opportunity and affirmative action.

 

The Fair Practices Department

Since 1985, the Women's Director - who is now the National Vice President for Women's and Fair Practices - has supervised both the Women's Department and the Fair Practices Department, an arrangement formalized into Article XI of the Constitution by the 1997 Convention. The Women's Department supports a broad spectrum of issues of priority to today's working families. The Fair Practices Department provides civil rights expertise to the Federation and concentrates on significant Equal Employment Opportunity representational matters of our locals and members.

At the current time, the Fair Practices Department has one legal secretary, a Supervisory Attorney a Deputy Director, three EEO Specialists/Attorneys, an EEO Specialist, one vacant EEO Specialist Attorney and one vacant EEO non-Attorney positions. Since the Supervisory Attorney and the Deputy Director serves both Women's and Fair Practices Departments, funding for the positions are divided equally between the two Departments.

The Fair Practices Department, under the general supervision of the National Vice President, seeks to address civil rights violations through representation, advocacy, consultation and training of our constituency. Department staff responds to requests from AFGE representatives in civil rights cases. The selection of cases for direct representation by staff attorneys is determined by AFGE policy. As a result, Department attorneys review cases for precedent, impact, or importance to the Federation as a whole. Consultation with appropriate local and district offices is standard procedure for direct case representation. However, three staff attorneys can only process a small number of the 10,000 Federal EEOC hearings each year (a number that does not include arbitrations or cases before the Merit System Protection Board (MSPB) or District of Columbia). Therefore, staff serves as co-counsel with local representatives on numerous additional cases. During 2002, department staff closed over 15 cases, and accepted over 50 new cases, which are now pending at various levels of EEOC, arbitration, Merit Systems Protection Board, or in federal court. The Department sponsors a legal intern program to supervise and employ law students interested in union-side career opportunities. The legal interns provide vital assistance in reviewing requests for assistance, which can sometimes number over 20 per week. Please check back for deadlines and information for the upcoming semester. In April, the Department will be accepting applications for the summer.

In an effort to address as many cases as possible, staff attorneys and members of the Human Rights Committee provide EEO training at the Human Rights Training Conference, Council sponsored training, District Coordinator/EEO Institutes, District Training, and Multi-District Conferences upon request. The Department staff will continue to provide training to the stewards and officers within a local.

An increase in the number of EEO cases has resulted from the reforms to the EEO process under 1614 that became effective November 9, 1999. The reformed regulations included changes advocated by AFGE such as: increased power for EEOC judges; decreased authority of agencies charged in the process; mandated availability of Alternative Dispute Resolution (ADR); and most importantly, the finality of decisions issued by the EEOC Judge. The Department produced and provided all locals and councils an updated EEO workbook as well as the FLRA guidance on the negotiability of the EEO process when these reforms were finally enacted.

The Women's and Fair Practices Departments publish and revise a large library of educational workbooks, including separate workbooks for EEO representation, disability rights, sexual harassment, Alternative Dispute Resolution, domestic violence, Family Medical/ Family Friendly Leave, a guidebook for local coordinators, and numerous issue-orientated brochures and pamphlets. The local coordinator handbook includes model contract language, a sample survey, and instructions on mobilization on civil rights issues.

The Fair Practices Department supports judicatory, legislative, regulatory, and collective bargaining progress in matters of women's and civil rights and regularly contributes advocacy in these areas. Recent examples include a successful and on-going project to continue reforming Part 1614, expanding sexual orientation protection for federal workers and the extension of child care tuition assistance for low-income workers.

In cooperation with the General Counsel's Office, Department attorneys submitted an amicus brief to the United States Supreme Court arguing that the right of government employees to recover compensatory damages at EEOC be protected, and the Supreme Court affirmed that right. Department staff later won at EEOC the highest pain and suffering judgment ever awarded.

Department attorneys have targeted broad-based cases against the VA and the SSA, tackled the difficult problems of sexual harassment within the Bureau of Prisons and national origin discrimination at the Immigration and Naturalization Service, to name a few. The Supervisory Attorney also assists the General Counsel in AFGE defense matters involving allegations of civil rights violations, both in administrative and judicial proceedings.

To further our members' interests, the Departments are active in various external organizations such as the Leadership Conference on Civil Rights, National Committee on Pay Equity, National Partnership for Women and Families, AFL-CIO Civil Rights Department and the President's Committee on Employment of People with Disabilities. In addition, the Departments work closely with the AFL-CIO constituency groups on the national level. AFGE has representatives in leadership positions in Coalition of Labor Union Women (CLUW), Coalition of Black Trade Unionist (CBTU), Pride at Work (PAW), Asian Pacific American Labor Alliance (APALA), A. Phillip Randolph Institute (APRI), and Labor Council for Latin American Advancement (LCLAA). Additionally, the Department was instrumental in the establishment of AFGE's Hispanic Caucus, HISCO.

The Women's and Fair Practices Departments advance the basic union principles of unity and equality.