WORKPLACEBullyi

ngDr. Paul Marciano & Darlene Rasmussen

NJOD Annual Sharing Day 2012

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What does bullying mean to you?(Share examples)

DefiningBullying

A persistent pattern of behaviors that threaten, intimidate, degrade, undermine, embarrass, or humiliate another and have an adverse impact on another’s emotional

and psychological well-being.

Sample Behaviors• Yelling• Insulting remarks• Ignoring/Excluding• Inappropriate non-verbal behavior, e.g.,

staring, pointing• Spreading malicious rumors or gossip• Applying different policies, procedures, or

standards

Sample Behaviors• Imposing unreasonable or inappropriate

work demands• Unduly criticizing work performance • Making false accusations• Stealing credit for another’s work• Denying training & resources for success• Uninvited invasion of office space & scrutiny

of e-mails• Interfering with others’ work

Bullying is defined differently in different workplace environments

Bully

THE

Bullies…don’t know they bully.

Bullies often…

BulliesBehavior often based on

prior role models

BulliesAnd lack of education

about how to “motivate” employees and

deal with corrective action

Bullying is tolerated

within the organizational culture

Bullies are negatively reinforced

for their behavior

Did you know?

35% of the US workforce has e experienced bullying firsthand

of the US workforce has witnessed someone being bullied15%

50% 75 million people have experienced

or witnessed bullying

1 out of

3 women

have been

bullied

29%

of workers 55 years of

age or older have been

bullied

Bullying is 4x more prevalent than

sexual harassment

bullied employees report…

…more job stress, …less job commitment, …higher levels of anger

…greater anxiety

…than sexually harassed

employees.

Why is workplace bullyingmore frequent and

potentially damaging than sexual harassment?

THEVictim

The Consequences of

Workplace Bullying

Denial

“There is nothing (really) wrong.”

“It will be okay – the bully was nice to me today.”

“The bullying will stop.”

“I can handle this.”

Fear

“I’ll be ostracized.”

“No one will believe me.”

“I might get fired.”

“I will be humiliated.” “The bullying

will get worse.”

Psychological-Emotional

Consequences • Stress & Anxiety• Depression• Reduced Internal Locus of Control• Lower Self-Esteem & Self-Efficacy• Shame & Guilt• Helplessness• Anger & Aggression• Suicidal Behavior

Suicide

Bullying activates the sympathetic nervous system that releases hormones that interfere with

functioning of prefrontal cortex which is responsible for executive

functioning.

Physical Health• Headaches• Nausea• Chest Pain• Cardiovascular Disease• Immune System Problems• High Blood Pressure• Diabetes• Weight Gain/Loss• Fatigue

Surveys suggest bullying is

responsible for

30 to 50% of all stress related

illnesses in the workplace. 

Impact on Team Members (and witnesses)…

…Shutdown in behavior

…Social isolation

…Align with the bully

…Act aggressively toward targeted employee

WORKPLACE

The Organizational Cost

Bullying

It is estimated that

18 million working days per year are lost through the effects of workplace bullying in the UK alone.

Employees who are bullied

spend over

50% of their time

at work

defending themselves,

networking for support, thinking about the situation,

and being demotivated

and stressed

Economic Impact Decreased . . .• Productivity • Discretionary effort• Work quality• Safety

Increased . . . • Turnover• Absenteeism• Disability claims

 18% of disability claims were based on psychological distress

attributed to workplace bullying

leading to… 

an average of

159missed days

of work

Bullying costs organizations

billions of dollars

a year in lost productivity, turnover, and litigation.

In 2001, jury awarded plaintiff $325,000 for emotional distress.

In 2005, two employees shared $1.4 million settlement against CUNY. 

Bullying BanCanadian & European

countries are much further ahead when it comes to anti-

bullying laws.

Protection from Harassment Act

Majrowksi v Guy’s and St. Thomas’s NHS Trust (1996/2005)

Britain’s highest court, the House of Lords, held that an employer is vicariously liable for

one employee's harassment of another

“Where we are now with workplace bullying is where we were with sexual harassment maybe 15 years ago before we had key court cases, before we had

the major Anita Hill blow-up.”

~Suzy Fox, Loyola University

21 states have introduced some version of anti-bullying legislation called

The Healthy Workplace Bill.

Healthy Workplace

Bill

What the HWB Does for Employers

• Defines an “abusive work environment”

• Sets a high standard for misconduct

• Requires proof of health harm by licensed health or mental health professionals

• Protects conscientious employers from vicarious liability risk when correction and prevention mechanisms are in effect

• Gives employers the reason to terminate or sanction offenders

What the HWB Does for Employers

• Gives employers the reason to terminate or sanction offenders

• Requires plaintiffs to use private attorneys

• Plugs the gaps in current state and federal civil rights protections

• Provides an avenue for legal redress for health harming cruelty at work

• Allows you to sue the bully as an individual

• Seeks restoration of lost wages and benefits

What the HWB DOES NOT DO for Employers

• Involve state agencies to enforce any provisions of the law

• Incur costs for adopting states

• Require plaintiffs to be members of protected status groups (it is “status-blind”)

• Use the term “workplace bullying”

Status of bill in New Jersey Legislature Awaiting committee hearing

• Jan. 10, 2012 - Senator Greenstein introduced the Healthy Workplace Bill in the NJ Senate as S 333.

• Established as “The Healthy Workplace Act,” S 333 was referred to the Senate Labor Committee.

• Committee members and chairpersons are not yet named for the new 2012-13 legislative session.

• Note: New Jersey’s 2-year legislative calendar runs from Jan. 2012 to Dec. 2013.

CYBER-

The Digital Age

Bullying

Bullying has entered the digital age.

In the past, bullying would have

been whispered, shouted or passed

around.

Now, with the Internet a bully can share

a photo, video or conversation with hundreds, even millions…

…with the click of a button

CyberBullying Examples• Malicious/threatening

emails/text

• Emails that feature offensive images, jokes, comments, etc.

• Emails correcting an individual that are copied to a group

• Malicious comments about an individual posted on the Internet

• Sharing embarrassing images or videos of an individual

ORGANIZATIONALCulture

Determines what attitudes and behaviors are tolerated

and even encouraged.

Bank of New York Mellon Corp.“Through our code of conduct, we outline

a work environment that is free from discrimination, harassment, intimidation or

bullying of any kind, as those types of behavior are inconsistent with our values.”

~Carl Melella, head of employee relations

A fundamental shift in culture has to happen in order to get companies to recognize that bullying is bad for business.

CASE

Study

BULLY-FREE

12 Steps to Deal with Bullying

Workplace

Develop a clear statement of organization

values including, most prominently,

respect

1) Respect: Antidote to Bullying

Establish and implement a

zero-tolerance anti-bullying

prevention policy

2) General Policy

• Add a cyberbulling section to your company policy

• Provide training for staff and management in dealing with cyberbulling

• Give concrete examples of what constitutes cyberbullying

• Emphasize that employees don’t write anything they wouldn’t say in person

• Remind staff that anything posted on the internet is there forever

• Consider blocking access to Social Networking sites at work

3) Cyber Policy

During onboarding, be clear about

your company’s non-bullying culture

and policies

4) Onboarding

Add an anti-bullying component to existing

discrimination and harassment training

5) Training

Educate staff on how to identify the characteristics and

behaviors of a bully

6) Educate

Roll out an anti-bullying

internal marketingcampaign

7) Marketing

Expect leaders to “walk the

talk” and serve as positive role models

8) Leading

Give employees a forum to speak freely

and communicate a company-wide

whistle blower policy

9) Whistle blower

Establish and communicate a

clear disciplinary process

10) Consequences

Take grievances seriously and

investigate them immediately

11) Investigate

Allows individuals to feel safe in

reporting incidents and can

help confirm behavior

12) Anonymous 360°

• Admit that you are being bullied

• Seek support from colleagues, friends and family members

• Get professional help - legal representation and mental health professional

• Keep a diary detailing the nature of the bullying and gather supporting evidence (paper trails, emails, voice mails, etc.)

• Include a witness when meeting with a bully

• Report aggressive behavior to HR

• Follow policy and procedure but know when it’s time to move on

What Can a Victim Do?

Sample Policy

Contact:

Dr. Paul Marcianopaul@paulmarciano.com www.paulmarciano.com