Category Archives: Legislation

“Jodie’s Law” needs “Teeth” to fight workplace bullying

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In 2010 I posted my short documentary “Jodie’s Law” about a young woman who her family alleges committed suicide due to workplace bullying.  This is an update from her Aunt:

We have received tremendous response from your documentary both Nationally and around the world.

We/My family always felt if sharing the heartbreak of our family would help save one life, our efforts and Jodie’s death would not have been in vain. Having taken that step forward, has brought many to us who have told us they were prepared to take their life when they saw your documentary or read our stories, and they pulled back from the brink, saving their loved ones the pain they endured. Normally those accounts have also been accompanied with statements of renewed courage to face their situation, their bully, or find a different job.

There have also been e-mails asking to speak with me directly as they were contemplating taking their lives. With my heart in my throat, I felt I could not dial their phone numbers quickly enough. But through the mercy of God, I reached each caller, listening to the pain of their experiences and the dire choices they believed were in front of them. These callers repeatedly expressed their gratitude; but I too felt grateful, as helping is part of healing ones broken heart. Though there are times I still hold my breath when we interact, most have found their footing and belief in themselves. This does not mean there was a rosy job in front, just waiting for them. The struggles have been long and hard; but joyfully many have gone on to find new and fulfilling careers. For those who continue to struggle, I remind them they are the heros, for they are survivors; as well as hold them in my heart and prayers.

Add “Teeth”to Pending Legislation:

Passage of Healthy Workplace Legislation seems to drag on. Perhaps this is the way it goes when trying to pass a law. I admit I am still a novice to the roll of Citizen Lobbyist. The political outlook in Wisconsin has been very dire. Yet, State Representative Kelda Roys, and Senator Jon Erpenbach, sponsors of the Wisconsin bill, assure me that Jodie’s Law (as we like to call it) has not been lost on them; they are simply waiting for a more favorable political climate.

We, as a family find it discouraging that many working on the legislation insist on calling it a Healthy Workplace Bill as opposed to an Anti-Bullying bill. We think there has been so much news in the media about bullying, that it should no longer be considered an aggressive term when working for a law against it in the workplace. There are few people who are not familiar with the term Bullying when it comes to schools and young people, as the numerous pieces of legislation indicate. Also the idea that the law would have to prove malice seems unacceptable. It is not required in other protected status laws, so it does not seem wise to set a precedent now.

Also, we would like to see a tougher stance to adding some financial teeth if employer negligence is found. I/we have not given up on these bills. We write, call, sign petitions, and anything else we can feasibly do to help them along. I try to keep up with all that is posted on Facebook, writing responses, opinions, bringing up Jodie’s story, etc. and always including the link to your documentary. We are in the process of having a brochure of Jodie’s story printed so we may easily hand it out when people ask about our button that we still wear with Jodie’s picture & caption Workplace Bullying Breaks Hearts

I am chagrined there are times it all gets to be too much for me and my spirit sags and I find myself on the verge of days of depression. Jodie’s Mom encourages me to take a break from it all for now, or maybe for always, as she says Jodie would be proud of what I have accomplished and she would not want to see me ruin my health or lose the joy of life. So I have been giving myself permission to do just that.

Expanding Advocacy Efforts:

We sisters have talked some about focusing our work towards the children and teens anti-bullying issues. Perhaps developing a program geared towards talking with children and teens, as well as parents, teachers, administrative leaders, as well as school boards and city/county board members. Jodie was a leading member of DECA in her high school and we feel the DECA program would be a good place to start. This is all in the talking stages for us, put we do feel at times our efforts would be better spent in that direction. Many States have passed Anti Bullying laws for children and schools, so we may have a better foot in the door. Growing our citizens of tomorrow with an understanding of the damage caused bullying and the benefits of tolerance, may in the end bring the best results. Hopefully their parents would be learning right along with the kids, and then start to stand up for their own rights in the workplace as well.

We have been appalled at the number of suicides among young peopled. In Wisconsin a teen attempted set himself on fire, and in Minnesota two middle-school girls made a suicide pact and hung themselves, all due to bullying. Jodie’s daughter is now 10 years old. These stories have scared me to death! Over dinner I spoke with our little girl about what they are taught in school about bullying. It seems it is discussed frequently, as she had a lot to tell me. I also gave her a book about bullying published by the American Doll company. Because she has a very active 6 year old brother, we never got a chance to get back to the book or the subject, but at least it is a start.  We have not yet broached the subject of suicide. It seems like such a cruel topic to confront and we have not had the right moment to talk with her Daddy about it and what and when he thinks the subject should come up. It is still all very heartbreaking but everyone is heroically carrying on and doing what each of us can to help the other along.

Family Life:

Jodie’s husband is doing a great job in raising the children, though he seems to steer pretty carefully away from any serious discussions with us about Jodie, and all that has occurred, yet relations between all of us are becoming more comfortable. He brought the kids to Florida for the first time since Jodie’s passing. We all went to Disney World & then spent Thanksgiving at Grandma Jean (Jodie’s Mom).

He has his hands full keeping the kids clothes clean, as well as the house, seeing their home work is done, fixing their meals, getting them to school and to bed, girl-scouts, religion classes, swimming, soccer, T-ball, and even coaching their teams. He loves the children very much. I think I can safely say they are his world, and the kids feel the same. Jodie’s daughter is very protective of her brother and watches over him and her Daddy like she is a little mother – sometimes more than either male of the house appreciates.

Grandma Jean (my sister & Jodie’s Mom)  & I had a wonderful but short visit with them in August. We spent two nights at their place, where among other things we played salon and Jodie’s daughter gave us facials and did my hair (!) and her brother painted my fingernails and make-up. I only regret we did not take pictures of the end results! We …spent lots of time with their Auntie Lisa (Jodie’s sister in your video) and a lot of time in the swimming pool. It is always hard to say goodbye.

It is important to note that no single factor leads to suicide and Jodie’s employer did not respond to an offer to participate in the documentary.

The Final Chapter: Tracey’s Law Against Workplace Bullying

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Why Tracey’s Story Is So Important:

To me, Tracey’s story shows how complicated the answer is to the first question that victims are always asked: “if you don’t like it there why don’t you just get another job?”  Personally, I began making films about workplace bullying because I was smack in the middle of my own office drama.  I was attracted to Tracey’s story because she was about to go on a journey that represented my worst fears.   I needed to find bully free work but I was terrified what would happen if I didn’t land one of the 2 open jobs I was qualified for in the Metro NYC area — where my husband is employed, our careers are based, and our friends and family live.   I knew I was extremely lucky to land one.  Part of the short documentary I made about Tracey’s situation included scenes of her daughter, Kali, lobbying for legislation while her mom was traveling around the Carolinas and Georgia looking for a job.  It’s been nearly over 3 years since I filmed that deeply moving scene with Kali yet still no legislation has passed.

Q: Why do you think that the HWB hasn’t passed yet?

Tracey: Why do I think there has not been a HWB passed yet is a tough question to a tougher answer. Personally, I do not like the bill to begin with. I believe it is too corporate friendly in that there is no really big reason for corporates to embrace a law that has very small consequences. Having a cap on the claim a target can obtain is ludicrious. My real belief though is that there continues to be a blindfold on this real issue to our senators and congress men and women.  While some have been very supportive, others don’t.  I find this rather silly when I sit and listen to how the parties behave in the senate and treat each other. They are bullies!  I don’t really know why the bill hasn’t passed but I’d sure like to hear other’s opinions on it.

Q:  Is there anything you would particularly like to add…

Tracey: I want to thank everybody who have worked tirelessly at getting a HWB passed. I know that many of you have suffered personally due to tragedies that happen in the workplace. My heart is with you. I hope that one day I might feel better to re-join you but in the meanwhile, know that my heart is with you all and I am so grateful for all your work.

Tracey’s Law is featured on our “Virtual Town Hall” page or can be accessed for free on both YOUTUBE & Vimeo.

WORKPLACE BULLYING: Would A Law Protect Me?

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When Is a Law Too Business Friendly?

Many of the victims of workplace bullying that I come in contact with are devastated by the struggle to overcome anger and feelings of powerlessness.   They want to take action.  They want to protect others.  They want a law!

Proposed legislation like the Healthy Workplace Bill (HWB) seems made to order.  But, Patricia G. Barnes argues that the bill is “unnecessarily restrictive” and “would require American workers who are targets of workplace bullying to jump high hurdles that do not exist for workers in other countries.  There is no valid reason to set the bar lower for American workers.”

Barnes’ bio is impressive and lists her as an appellate judge, a licensed attorney (admitted in PA only), a Westlaw Round Table Group “Employee Relations” expert witness, and a legal author with experience in both domestic violence and employment law.  She understands workplace bullying and she understands law.

“One idea might be federal legislation to amend Title VII, the Civil Rights Act of 1964, to permit any worker to sue if subjected to a hostile workplace environment,” she writes.  “Another idea is to approach the problem as an important public health issue – which it is – and adopt health and safety regulations to protect employees on that basis. Finally, one might think local – push cities and towns to adopt legislation to protect employees from workplace abuse.”

Or, the Healthy Workplace Bill could be amended into something stronger.  The passionate volunteers fighting for the HWB can add (or delete) language in the bill that places limitations on abused and bullied workers.  Here is Barnes’ critique of the HWB:

“The Healthy Workplace Bill”

[by Patricia G. Barnes] This proposed bill (see below) was drafted by Professor David C. Yamada of  Suffolk University Law School in Boston, MA, and is supported by the Workplace Bullying Institute at a web site called, The Healthy Workplace Bill.

Without detracting from the fine work of Prof. Yamada and the WBI, it is unfortunate that the Healthy Workplace Bill is somewhat anemic compared to legislation  adopted elsewhere on workplace bullying.

For one thing, the proposed Healthy Workplace Bill  would require a victim to provide evidence of malicious intent to bully.  Malice is defined in the proposed bill as “the desire to cause pain, injury, or distress to another.”  Part of the “art” of  workplace bullying is subtlety. The target may be the victim of a thousand pin pricks that add up to a mortal wound. The bully acts covertly and uses manipulation to debilitate  the target. Bullies are notorious for showing one face to the target and another to his/her supervisor. It would be very difficult to prove malice in these situations and one can only wonder why this is a requirement  in the proposed Healthy Workplace Bill. 

The proposed bill also would require the target to provide proof of tangible  psychological or physical harm to the plaintiff.  This  would pose a burden for targets who don’t have health care coverage or the funds or the cultural disposition to see a therapist. How can they prove tangible psychological harm?  Also, overwhelming research shows that bullying causes  stress that may contribute to physical harm that only becomes apparent many years later – such as heart disease.  This should be taken into account.

Finally, the U.S. Supreme Court says a plaintiff in a Title VII civil rights harassment case does not have to prove concrete psychological harm.   “Certainly Title VII bars conduct that would seriously affect a reasonable person’s psychological well-being, but the statute is not limited to such conduct. So long as the environment would reasonably be perceived, and is perceived, as hostile or abusive, Meritor, supra, at 67, there is no need for it also to be psychologically injurious.” Harris v. Forklift System,  510 U.S. 17 (1993).

According to Katherine Lippel, an international authority on workplace abuse, laws in other countries do not have the above restrictions, which would make it far more difficult for a plaintiff  to prevail in litigation. Ms. Lippel is the Canada Research Chair in Occupational Health and Safety Law, University of Ottawa, Canada.  Here’s what Ms. Lippel has to say about The Healthy Workplace Bill:  “It is understandable that the difficult context applicable in the United States with regard to rights of workers may favor a more restrictive legislative approach for purposes of political expediency, yet even some authors from the United States have expressed concern with the restrictive conditions proposed in the Healthy Workplace Bill.”

Furthermore, the wording of Section 7(b) limits  damages for emotional distress to $25,000 (with no punitive damages)  in  cases where an employer is found to be liable but the target does not suffer an adverse employment action such as termination. This  affects targets of bullying who are not demoted or fired. But why?  There is at least one highly publicized case where an alleged target of workplace bullying committed suicide because he thought that he was  going to be demoted or fired.    This cap is so low that it could  fail to adequately compensate a target of severe bullying and would  not serve as a useful deterrent to employers to halt workplace bullying.

Possibly the limiting language of the proposed Healthy Workplace Bill  reflects a concern by its drafters that employers will fight workplace anti-bullying legislation unless it is sufficiently weak. My feeling is that American workers deserve at least the same level of protection as other workers around the world.

[This article excerpt is reprinted with permission from the blog:  When The Abuser Goes To Work: a legal blog on workplace bullying and abuse.]


A cautionary tale from Australia regarding workplace bullying…

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Australia is seeing a huge spike in workplace bullying claims but the majority fall short of qualifying.

Ian Forsyth of WorkSafe says this is due to “greater awareness about bullying and, in particular, to the case of 19-year-old waitress Brodie Panlock, who committed suicide in 2006 after being relentlessly bullied by four colleagues at a Hawthorn cafe.” The positive outcome is that legislation was enacted as a result of media pressure.  The downside is that despite all of the news coverage important information about workplace bullying was not absorbed by the public.

”I think what we are seeing is that the term bullying is being used quite loosely in the community now in many instances to describe something that has ‘gone against me’ or ‘that I haven’t liked’ or something that ‘I haven’t wanted to do’,” says Mr Forsyth.

”As a result, we are seeing a mismatch between what is being labelled bullying and what would really constitute bullying under the Occupational Health and Safety Act.

”We’re certainly not saying that these people aren’t suffering from some form of ill treatment or some form of injustice or that they’re not genuinely feeling that they’ve been disadvantaged or put under pressure. But in the vast majority of incidents these types of behaviours which they might describe as bullying are not going to meet the criteria for us to investigate or prosecute.” [Sydney Morning Herald read more..]

The article goes on to say that many of the claims already fall under discrimination and other legislation currently in place.  Sadly the high pressure media attention here in the U.S. may create a similar situation.  Countless articles about workplace bullying here in the U.S. all too often relate unscientific survey numbers and tell victims’ horrific stories without the acknowledgment that many can already addressed under discrimination or physical harassment legislation already in place.   Or, that it may be possible to file a lawsuit as an IIED claim.  This is great for lobbyists wishing to pass a bill but questionable when it comes to what is ethically best for everyone who will be impacted.  And, that would all of us, including advocates like myself, who work or own businesses.

It’s time for each of us to speak up and add our own concerns to the dialog. Journalists reporting on pending legislation in the U.S. all too often rely on a single solution with little or no critique.  The problem with that type of approach is that it subverts the democratic process and serves narrowly focused interests as opposed to addressing all of our concerns.  Crafting strong laws is something that legislators are charged to do and remains each of our right as citizens.  Why hand over concessions in the very first draft of a bill?

Personally, I am interested in collaborating with current advocates across America (many of whom I know and have developed relationships with) so as to strengthen pending legislation [see text of sample bill ] not ditch it — since that is the only way I personally feel comfortable supporting it.  Time will tell if that is something they are open to or not but in the meantime please share your thoughts, arguments and ideas here or email them to OurBullyPulpit@gmail.com

Many thanks,

Bev

Workplace Bullying may be a thing of the past — for legislators only!

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Ever since the landmark workplace bullying case was upheld by Indiana’s Supreme Court,  the Joint Commissions has required that Hospitals address civility issues as a requirement in their accreditation process.  Many states require lawyers adhere to civility codes for conduct in the courtroom.  Now, according to NewHampshireSentinel.com, Rep. Susan Emerson, R-Rindge, is proposing a bill to stop bullying among legislators in her state capitol. Continue reading →

Myth Busting: Same-Sex Harassment is not always legal!

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Lately  a slew of  major newspaper and television news stories have  highlighted woman on woman bullying.  Almost all of them quote advocates who say that “status blind” harassment is legal.  But, that’s not always true.  If a woman can prove that, as surveys show, she’s being singled out by a female boss because the bully feels more comfortable harassing women than men  then she may well have a claim under Sexual Harassment.    Why is it so important for advocates to keep the message as pure as possible?  While dramatic messages sell papers, books, and can propel the agenda of a cause it can also unfairly limit the needed information that traumatized victims/targets receive.   ALWAYS speak with an attorney to understand the options that may or may not be open to you. Continue reading →