Tag Archives: workplace bullying

Workplace Violence: The Bullying Factor

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Although OSHA “encourages” States to enact guidelines to prevent violence in the  workplace “there are currently no specific standards for workplace violence.”  So far only 25 States have actually done this leaving half the country’s workers unprotected.   [Download New York’s recent law here.]  

One type of violence is what most of us know as ‘going postal.’  Felix P. Nater retired as a postal inspector with 30 years experience and is currently the President of Nater Associates, a security management consulting firm specialzing in workplace security & workplace violence prevention.  Here’s an article he wrote about the role bullying plays.

“The Root Cause”

A lot has been written about the workplace bully and so my approach will deal with the assessment and analytical process of workplace violence. During my years as a Postal Inspector on a Workplace Violence Interdiction Team in New York, I quickly gained an appreciation for the value of determining the “root causes” or “contributing factors” of incidents of Bullying and Bully Tactics. In all of the assessments conducted involving bullying behavior “root causes” and “contributing factors” enabled the investigative process to determine that in all cases the victim retaliated escalating the bullying to a physical altercation or threats of bodily harm. The bully created such an emotional response in his victim over time sufficiently enough to create a spontaneous response.

As such, I’ve come to define that Bullying is harassing, intimidating, offensive, degrading, demoralizing and humiliating to the victims: employee, co-workers and supervisors alike. The behavior was patterned, unfavorable, unwarranted and reasonably inappropriate for the workplace setting. While the individual Bully was obviously at fault, management for its failure to curb the behavior contributed to the hostility by creating a permissive environment that empowered the Bully. Sensing that he would not be sanctioned he acted with impunity. The unfortunate reality is that the Bully exists to fill a void; some thought his antics were funny; others relished in the abuse and banter; if it was racially or ethnically charged comments it had appeal to the bigots. As uncanny is it sounds most victims and witnesses interviewed after the fact were disgusted at knowing how long they were subjected to the abuse and how much they tolerated without intervention until the victim retaliated. It just happens over time like the diagnosis of cancer.

WHO ENGAGES IN BULLYING TACTICS?

  •  An employee
  • Co-workers
  • Customers and employees
  • Employees and Clients
  • Employees and Vendors
  • Supervisors or manager

During the many threat assessments conducted, I learned that Bullying is a form of workplace entertainment by some and an accepted part of the workplace culture by others. You the victim must be willing to resist the victimization and confront the individual to avoid the potential for escalation ultimately leading to the unfortunate spontaneous and subsequent consequences for engaging in a fight. It’s easy to be intimidated by this behavior, it is designed to control you. However, don’t blame yourself for being the victim of Bullying. Report the Bullying immediately! It should not be sanctioned and should be addressed under your company’s Workplace Violence Prevention Policy.

 WHAT CONTRIBUTES TO BULLYING?

Because Bullying is a pattern of abuse it must be dealt with immediately. The permissive environment is the dwelling place of this type of behavior. That it might be part of an organization’s culture is all the more reason for intervention. Left unabated, it creates the impression by the Bully that the culture condones it. Because employees are fearful of reporting the bully out of fear of retaliation, incidents go unreported. The lack of appropriate intervention by the supervisor or manager is especially the case when the employee is a good worker or a key individual in the business. The fact that the Bully is a supervisor or manager invokes fear and distrust in managements ability to curtail the threat sensing he would be sealing his fate if he makes a complaint. This sort of response is common and often came out during the interviews of victims and witnesses.

I am reminded of an article I read entitled: The Disruptive Clinician and the Impact on Patient Care, Lee G. Shanley, B.S., Director of Safety and Security Services at Nassau County Medical Center which appeared in the NCMC Proceedings Journal, fall 1996. He emphasizes the manipulative and controlling power superiors wield on the subordinates. He wrote, Medical staff who continually act out in a disruptive manner towards visitors, patients and other staff members undermine the very fabric of the healthcare facility. When an individual displays verbal abuse, open or veiled hostility, or threatening actions towards associates, the result more often than not is compromised patient carethis abuse if not addressed, and allowed to continue unchecked, will more than likely lead to a major patient care error. As a result of the stress caused by the situation, associates and other healthcare providers may tend to avoid contact with the offending individual whenever possible.

Bullying behavior can range from subtle to more obvious behaviors. Here are some Ive uncovered during the investigative process: name calling, innuendos, insults, offensive language, racial and sexual jokes, yelling and screaming, inappropriate comments about an individuals dress, life style, medical condition or general appearances, picking on family members, slander and belittling criticism, intentional isolation of an employee by the supervisor from normal interaction, training and career enhancement opportunities, overwork, unnecessary pressures, establishing impossible deadlines, making the person feel in adequate by reducing the workload, creating a feeling of uselessness and even hopelessness, undermines the work performance or effort, deliberately denying essential work-related information and data or even giving incorrect information, unexplained job changes, meaningless assignments or tasks beyond your skill level or ability, failure to give adequate acknowledgement or to recognize when due, tampering with your work products, reports, tools and equipment, teasing or regularly making you the brunt of pranks and practical jokes, intentional/unreasonable delays in processing requests for leave or vacation, requests for assignments, training or resolution of pay issues are but a few root cause or contributing factors which lead otherwise innocent victims to assault or threaten another in response to the Bullying (harassment, intimidation and abuse) Tactic.

THE EFFECTS OF BULLING ON THE INDIVIDUAL AND THE BUSINESS

Managing the workplace environment is an ongoing process, which goes beyond the production and services responsibility of supervisors and managers. I found that supervisors who failed to control hostile behavior contributed to safety hazards, increased injury compensation claims, lost workdays due to increased absenteeism, poor morale and potential civil actions against the business and individual for creating a hostile environment.

On the other hand, I found that the victim employee including the supervisors suffer from increased stress levels, anxiety and panic attacks, complaints of loss of sleep, bad health, impaired ability to make decisions, an incapacity to work, loss of confidence and self-esteem, reduced production, performance and efficiency, become accident prone and creates unsafe conditions as a result. In many cases the employee lost self-confidence and ability to cope in the workplace. Proper assessment and intervention is necessary if employees are to believe they will not become victims.

 WHAT CAN YOU DO ABOUT THE BULLY?
  • Document the activity when it happens if you are not willing to report or confront the individual at this point.
  • Keep a record of the details of the type of activity and any potential witnesses for future reference.
  • Report the behaviors to management at some point.
  • Confront the Bully. Tell him/her you resent and object to the behavior.
  • Ask the Bully to stop or you will report him.
  • If you feel uncomfortable initiating contact go to your shop steward, supervisor or some other intermediary.
  • Never internalize the behavior otherwise festering will occur causing you to retaliate in frustration or even worst, become ill as a result.
 WHAT CAN MANAGEMENT DO TO HELP? 
  • If you dont have a Workplace Violence Crime Prevention Policy start working on one as soon as possible.
  • If you have a Workplace Violence Crime Prevention Policy insure it addresses the Bullying Tactics and the Bully.
  • Your policy should contain a caution statement on what the Bullying behavior is.
  • Employees should receive periodic Workplace Violence Prevention Awareness Training.
  • Supervisors should be trained in issues relating to managing the workplace environment and conflict resolution.
  • Employees should be encouraged to report all incidents without attribution or retaliation.
  • Employees should be encouraged to pursue alternative means shop steward/intermediary) to confront the Bully.
  • Provide for conflict mediation and intervention by EAP and/or the Security Director.
  • Conduct comprehensive Threat Assessments of each situation to prevent further escalation.
  • Institute progressive disciplinary procedures to address the repeat or ongoing Bully.
  • Create an environment where such behavior is not tolerated and will not be condoned.

When in doubt pick up the phone and call an expert or visit his website at http://www.naterassociates.com.

About the Author: Felix P. Nater is the President of Nater Associates, a security management consulting firm specialzing in workplace security & workplace violence prevention.  Felix retired as a postal inspector with 30 years experience. Republished with his permission.

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.

Tracey’s Law: “My Bullying Experience Was Psychological” (Pt 2)

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“She had her agenda – to get rid of me”

Q: Can you describe what form the bullying took where you worked?

Tracey: My bullying experience was psychological. if you have seen the video, “Tracey’s Law,” you will see that I was an emotional wreck when I finally left my job of nearly 20 years after being bullied for only 6 mnoths. I was a high-level employee, an office manager, and my bully was new to the institution. She had her agenda – to get rid of me but to have me quit instead of firing me (even though I was employed at will). She isolated me from co-workers by putting space between us and telling me I was not allowed to talk to any of them. She gave me time-relevant assignments to do without the necessary resources to complete the task efficiently. She lied about me, talked about my performance (or lack thereof) behind my back, and alienated me from coworkers I had been with for nearly 20 years. My bullying was thoroughly and successfully psychological.

Q: What steps did you take to try to stop it?

Tracey: Since my bully was a new hire, and my supervisor, I sought out different ways of working with her that I thought may be more successful and, in turn, she would see me as somebody who could really help her in her new role as Chair of a large department. Having been there for so long, I knew everybody and what their roles were, how they worked, etc. I went to some employee development, had one-on-one consultations with the university employee development department, and finally spoke with Human Resources – my biggest mistake. They would not listen to me and continued saying that I was having troubles simply because I was not used to her style of management. However, I had three supervisors before her who had different management styles and I adapted well to each of them. When I was confident they were not going to help me in any way, I had to use my last resort and reported that my bully was falsifying her timesheets. So much for the whistleblower law! After that, it was clear she had been spoken to about that because the harrasment got worse and worse. I was becoming more and more distressed and depressed.

Q: How did you cope during that time? Where did you draw your support from?

Tracey: I didn’t cope very well during that time. I had nobody to talk to in the department since they were all told not to talk to me. I drew my support from my family and from searching the internet for “workplace bullying” and found some resources there. Much of the information and steps the Institute for Workplace Bullying had laid out did not or would not help me. I had already tried what I could try and I was documenting information about my bullying experiences, but Human Resources was not going to be of any help to me at all. I met with my family practitioner and she suggested I take some time off to get myself together (I was an emotional wreck at that point and very depressed). I finally agreed and ended up taking a leave of absence that lasted 6 mos. When my six months had expired, I was told I needed to return to my job or resign. I was still traumatized and did not believe that anything would change upon my return, so I resigned.

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

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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.


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.]


Nurses are talking about — Workplace Bullying!

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We’re getting ready to build a specific resource here on this site for nurses that is just about workplace bullying.  This morning an article was published that reviews the new book, When Nurses Hurt Nurses: Recognizing and Overcoming The Cycles of Bullying.  Some of what the author, Cheryl Dellasega, PhD, CRNP, found is shocking for those of us who only meet medical professionals in the examining room.

…73 percent of adult women found workplace bullying to be common or very common. The same women reported that weekly, they are, on average, a bully 1.5 times, a victim of bullying 1.8 times and a bystander to bullying nearly seven times. Dellasega said bullying is often unintentional.

I posted the article to our Facebook discussion group and one of the members said she felt nurses are so focused on caregiving that they don’t fully understand their rights in the work environment.  In the article, Dellasega explains how she sees that play out.

“A lot of what I see is due to these long hours,” she said. “That’s just exhausting. By the end of the day, you’re irritable, you’re frustrated, you’re trying to keep your energy up.”

Dellasega said the whole context of the work environment can be part of a dynamic where somebody starts giving you a hard time or doesn’t have the best communication skills or management skills.

“You’re at the end of your energy and tolerance and the situation just sort of explodes,” she said.

Still, much of the bullying, she said, is aimed at new graduates.

“The group of new nurses may get harassed or picked on or aggressed against, but it’s not like that old dynamic of ‘this is part of the hazing initiative that goes on,'” she said

Send emails, post a comment, or join the Facebook discussion to let me know what you’d like to know more about.  There’s a wealth of research, surveys, and national articles on this topic.  But, most important,  we always need personal stories that help those of us outside of your profession understand and give you back some TLC.

The full article by Linda Friedel about Dellasega’s book published on August 9,2011 is available online thru kccommunitynews.com  [The Kansas City Nursing News]