 Why Fighting Bullies Is Good BusinessMany State and Some Federal Laws Require Workplace Policies.
Take Action to Prevent Bullying, Workplace Violence
Employee behavior is a growing workplace problem. Businesses need to understand both how to prevent it and how to respond to it, using real-life examples drawn from the headlines and the courts.
At a recent conference and seminar for human resource professionals, attorneys from a prominent Washington, D.C. law firm offered tips on how to stop bullying and prevent workplace violence.
Bullying was defined as a mistreatment of a person that is deliberate, hurtful and repeated and that prevents the person from performing his or her job. A bully often is trying to control or manipulate the person.
Bullying can be:
- Slander
- Name calling
- Yelling
- Comments about appearance or lifestyle
- Teasing
- Threats or intimidation
- Unfair criticism
- Ignoring
- Aggression
- Physical assaults
- Unreasonable work assignments
- Menial task assignments
- Gossiping
Bullying can come from an employee, vendor or customer and can happen during or after work. It can happen in person or via e-mail, mobile devices or Internet chat rooms and web sites.
This behavior is not race or gender-based, so technically it is legal behavior. But it is disruptive and inappropriate in the workplace and should be prohibited.
Managers and supervisors shouldn't be afraid to give criticism and performance feedback to their employees. Coaching, counseling, discipline, evaluations, standards and goals - delivered in a respectful manner in line with policies and procedures - are acceptable behaviors.
Employers pay the price when bullying happens in their workplaces. In 2008, the Indiana Supreme Court handed down a verdict of $325,000 against a surgeon who screamed at a nurse during an operation. The court upheld her claims on intentional infliction of emotional distress.
More costs could be coming via the proposed Healthy Workplace Bill, which has been proposed in 17 states. The legislation would make it an unlawful employment practice to subject an employee to "an abusive work environment." Supervisors and employers could be held liable for their actions and cases would go straight to court. No state agency would take on the case prior to the parties appearing before a judge.
An Employer's Liability
Your business could be held responsible for your employees' actions under acts of the U.S. Equal Employment Opportunity Commission (EEOC) and the Occupational Safety and Health Administration's (OSHA) general duty clause that provides for a safe workplace. You could be held liable for negligent hiring if your organization brings on a person whom they knew or should have known was likely to cause harm; and for negligent referral, if you don't warn other employers of a past employee's violent history.
Retaining an employee who threatens or exhibits violent conduct could make you guilty of negligent supervision and retention. Documenting all steps taken in the discipline of all employees is more important than ever.
Employees might have claims against their employers under anti-discrimination laws. In one case cited, an employee's co-workers taunted him repeatedly for not being "manly." Some federal courts have found that this behavior constitutes a hostile work environment based on "sexual stereotyping."
How Not to Hire a Bully or Violent Employee
Pre-hire background screenings are recommended in order to avoid introducing a violent person to the workplace. You should have a policy to govern its actions during the screening process and the policy should be followed and acted on consistently.
During the hiring process:
- Verify all statements on the employment application and resume and in job interviews. What happened during any employment gaps? Be accurate.
- Verify dates of employment and positions held with former employers. Check references.
- Ask prior employers about specific threats or acts of violence.
- Conduct checks in accordance with legal mandates, including the Fair Credit Reporting Act and state laws on arrest records.
- Do not rely solely on the Internet for screening and verification. You can't be sure that the information is accurate.
- Document everything you've asked and all answers received, whom you spoke with and which sources you've consulted.
- Tell applicants in writing that any falsification of information will lead to their employment being terminated.
- Keep all the documentation you've gathered for the full course of his or her tenure.
Scan Your Environment
Human resource professionals, supervisors, and managers should always be "scanning their environment." Is inappropriate behavior addressed? Are employees leaving one department at a higher rate than other departments? How well are policies followed?
Employee surveys can help identify problem areas, but all departments should "be ready to take action" if the survey points out problems.
Conduct investigations to address problems the first time they crop up. "You might as well address it the first time; you may not have to worry about it happening a second time," an attorney added.
Investigations should focus on facts, and should be thorough, dispassionate and objective. Compare witness statements and pieces of evidence, such as key card records and time clock data. Document everything you do.
Determine the appropriate action by considering:
- How serious is the infraction?
- Did the employee know expectations?
- How did the employee know?
- Was the employee provoked?
- Has the issue been investigated fully?
- Has the employee been spoken to about the issue?
- Have policies been applied consistently? (HR should be involved in all investigations to ensure this.)
- Is the response under consideration appropriate to the incident and to the employee's rank in the company?
Finally, tell the complaining employee the resolution of the problem so that he or she knows that you took their complaint seriously.
Training can prevent workplace bullying and violence and should be mandatory throughout your organization. It should include procedures on incident reporting, how to recognize warning signs of bullying and violence, how to respond effectively, how to resolve conflict, how to handle crises and how to use the Employee Assistance Program. Make sure that training on bullying and violence prevention corresponds with training on harassment prevention. Include the prominent display of safety posters promoting your zero tolerance environment.
Finally, be certain that all human resource systems are working together to prevent bullying and to avoid prompting workplace violence. Do new-hire processes include background checks? Does orientation and training address violence prevention? Does the compensation and benefits system encourage employees unintentionally to compete too much? Do evaluations address how employees treat others?
Put Policies in Place
You need a plan that incorporates your human resources function with all departments, including legal, security, and IT.
Human resource professionals and managers need to review their policies regarding bullying, violence and workplace behavior to ensure that they are up-to-date with laws and any changes in the organization. They should be reviewed by legal counsel to make certain that they are in line with state and federal regulations.
Written policies should be developed for:
- Appropriate workplace behavior, to include zero tolerance for truly egregious behavior, a ban on weapons in the workplace (where permitted) and definitions of unacceptable behavior such as bullying, violence and intimidation
Bullying or aggressive behavior should never be tolerated. Nor should it ever become entrenched and accepted as part of the workplace culture. It's everyone's job to take responsibility and provide for a safe and healthy workplace environment. It's just good business.
This material is provided as general information only and does not constitute and is not a substitute for legal or other professional advice.
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