The Final Chapter: Tracey’s Law Against Workplace Bullying

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.

UPDATE! “Tracey’s Law” Against Workplace Bullying Pt. 1 of 3

Q: It’s actually been several years (close to 4?) since I first came up to meet and film with you.  At that time you were moving South to try to find work. People who have seen TRACEY’S LAW have been deeply moved by your story and I was wondering if you could tell us what your situation is now?

Tracey: When I left [upstate NY] 5 years ago for North Carolina to find work, I was very excited about starting a new life in a new area. I had always loved NC and had family living there as well so I had no doubts that everything would work out. I was so wrong. My timing could not have been worse. The economy had just hit its first traces of the recession and jobs in NC were not as plentiful as it had always been. I sent out 100’s of resumes and met with dozens of agencies and was unsuccessful in finding work. I had the skills but there were no jobs.

After six months of seeking employment there, I moved down to the Atlanta, GA area where I had more family. For six months I looked for a job there and it seemed the job market was even worse there than it was in NC. I finally gave up and returned to my own family in [upstate NY], feeling like quite a failure.  My family was very welcoming as I had expected and I immediately picked up some temporary positions that I was overly qualified for but grateful to accept.

Once those dried out I interviewed at a retail chain and have been there for nearly 3 years. It has been an eye opener in the different workplaces I have been in to see that workplace bullying is so common and occurs in so many forms; primarily, however, in the form of psychological bullying which is so hard to prove. Documenting psychological harrasment is difficult because it happens behind closed doors most of the time. People are afraid to speak out because they are afraid for their jobs. I have worked with several people who were currently being psychologically abused in the workplace and they were miserable and afraid – which led to them making silly mistakes in their jobs and giving their bully even more ammunition to use against them.

I, too, took over a temp positon that others in the department called “the dart board”. Wow. So others in executive level positions could see what was happening to the person in this role and they too were silent about it. In this position I was cursed at and yelled at and told I was not good enough for the position as a full time permanent.  At another time, the same person told me I was over-qualified for it.  One thing that did change, however, I didn’t take the abuse sitting down and faced it head on when it happened.  I was in charge of how people were going to talk to me and if they didn’t like it, it was just a temp job anyhow.  Currently working at [name withheld], I see mostly age discrimination.  Being 52 years old, I am supervised by executives more than half my age who know a fourth of what I know about managing people. They call each other and sales floor employees names, but I don’t forget to tell them how unprofessional it is and that seems to be all it takes.  At least it doesn’t happen around me. I continue to be depressed and have times when I feel post traumatically stressed. I have migraines that last for days.

In March of 2011 I was awarded social security disability benefits retroactive two years. I am now on disability but continue to work about 20 hours a week. I went from being a successful single mother who owned my own home and had a career that paid me 56K/yr to a person on disability working [retail], and filing a 2010 income tax of just over 9K! I live with my mother and my daughter.

Since the documentary was made, my mother had an addition added on the house and I have a beautiful bedroom with a private sitting area for my own privacy.  I have been to my State Capitol to testify and lobby for a workplace bullying law, but have decided it stirs up my emotions too much and I feel helpless in getting a bill passed.


A cautionary tale from Australia regarding workplace bullying…

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 billnot 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

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

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