New Hampshire – HB 591 – The New Hampshire State Page

New Mexico (new state) – HB 234 – The New Mexico State Page

Florida (new state) – SB 308 & HB 149 – The Florida State Page

Vermont – S 34 – The Vermont State Page

New Jersey (carryover from 2012) – S 333 / A 3249

So far, early in this 2013 session, two states have introduced legislation for the first time:

New Mexico — the 22nd State to introduce since 2003, and

Florida — the 23rd State

Gary Namie

Read and download her complete essay at the Workplace Bullying Institute blog. Also read the results of a 2011 WBI Survey asking bullied targets about the outcome of their mediation experience.

Mediation fails. Part of current employer “solutions” is to mandate mediation. Current employer solutions without a law are failures.

Passage of the HWB into law will provide options for individuals targeted for bullying at work.

The antidote to these campaigns that wrap themselves in the word “freedom” is to remind your local lawmaker that the only election votes come from constituents like you, to not let herself or himself be bought, to hear the voices of regular folks who work for a living. Workers are already at the mercy of employers. The push to drive wages down to minimum wages, to eliminate entirely fixed pensions, to renege on promised pensions, to not provide health care insurance — all of these backward measures are an insult to millions.

Corporations that now hoard billions of dollars outside the U.S. flaunting tax laws, have complete control over the economic health of working class families. Now they want more. They want you to experience austerity.

Don’t be fooled. What’s good for corporations is no longer good for workers. It’s becoming a zero-sum game. They are the winners and gouging the losers, workers.

Forcing them to curb abusive conduct of those still on the payrolls is not asking much. To hear the Chamber of Commerce opponents to our HWB say it, the bill threatens employers’ ability to “compete.” That’s simply not true. If management must abuse, it does not know how to manage. Torturing workers, or allowing them to be tortured in secret through indifference, is cruelty. It does not serve the bottom line. Even if it did, it is inexcusable. Human well-being is also a critical “bottom line” goal, not just financial gain.

Take a stand. Make your elected officials pick a side. They are either moral or inhumane. Yes. It’s that simple. Forget nuance. There is no equivalence between the needs of abusers and those they abuse. Pick a side. The corporate side is the anti-worker side. So-called RTW laws are against workers despite their clever name.

The “freedom” that corporate-backed groups seek is freedom to abuse, to escape all regulation and oversight. If they prevail, we won’t have breathable air, drinkable water, sustainable food supplies, controls over workplace hazards, wages that can support families and feed children, access to health insurance, or pensions to allow people to stop working before they die. Is that the world you want?

Dare your lawmaker to take a stand in 2013. If they choose the wrong set of laws to support and turn their back on the HWB, rally voters to drive them from office. The gloves are off. The ultimate power you have is a vote they deperately need to stay in office. Withhold votes from those who dither and contemplate and wait when you ask them for immediate action.

Lawmakers who support workers see that the HWB is no threat to good employers. They will sponsor or co-sponsor the bill. Call them, visit them in their local district office, explain, then threaten them with ouster if they don’t support workers. The other side is giving them lots of money to get their support. You have only the high ground of a morally defensible law. Right is on your side. The HWB can bring true freedom — freedom from abuse at work. That’s what Freedom From Workplace Bullies Week is all about.

Sign on as a Citizen Lobbyist on your State page at this website. If you are ready to take on a bigger role, volunteer to be State Coordinator.

Watch this site. 2013 could be the breakthrough year. A law is coming, just a matter of when.

In addition, three HWB State Coordinators also presented. Watch their videos on their respective State pages:

Massachusetts, Greg Sorozan
West Virginia, Lana Cooke
Virginia, Jane Bethel

October 24, 2012 – The film, Murder By Proxy: How America Went Postal (2010 Documentary, 74 mins.) will be shown at the First Unitarian-Universalist Society of Albany, 405 Washington Avenue, Albany, New York 12206 on Wednesday, October 24, 2012 at 7:00 p.m. (doors open at 6:45 p.m.) .

The film screening will be followed by a panel discussion, led by the New York Healthy Workplace Advocates (NYHWA.ORG), about the film, the effects of workplace harassment on workers and employers, and the current efforts that are being made in NYS to pass legislation to address workplace bullying. Suggested donation $5.00. Contact NYHWA for more information at info@nyhwa.org
.

October 25, 2012 – The New York Healthy Workplace Advocates (NYHWA.ORG) will provide a one hour breakout session seminar titled, “Murder By Proxy: How America Went Postal,” as part of the Sage Colleges 13th Annual Northeast United States Conference on Character Education. Conference registration is required to participate in this event. Details available at http://www.sage.edu/centers/charactered/events/conference

Among other things, the HWB would define and make unlawful an “abusive work environment,” and create a cause of action for “health harming cruelty at work.” Workplace bullying would be grounds for termination or other adverse employment actions. Aggrieved employees would be permitted to hold both the employer and the bully accountable, and would be entitled to seek backpay, benefits, compensation for emotional distress, and punitive damages, among other remedies. Under the terms of the bill, employers would be required to take preventative measures to avert bullying.

These initiatives are all pending at the state level. Notably, the WBI claims that state lawmakers in Massachusetts and New York have been relatively receptive to measures introduced in those jurisdictions. At this time, however, there is no indication that legislation will be introduced at the federal level, although the WBI claims that “negotiations are underway to hold an informational Congressional hearing on the topic to raise awareness among congressional legislators.” It is likely that unions will attempt to include anti-bullying clauses in collective bargaining agreements before such terms are passed as legislation at either the state or federal level.

Link to original article

STEUBENVILLE – Area communities are marking “Freedom from Workplace Bullies Week” with proclamations reflecting the need to protect men and women from abusive work environments.

City councilmembers in Steubenville, Toronto and Weirton have all issued proclamations in honor or Freedom from Workplace Bullies Week, which runs today through Saturday.

Mayors in all three communities point to the need to promote the social and economic well-being of all employees and citizens, noting that individual well-being “depends upon the existence of healthy and productive employees working in safe and abuse-free environments.” They cite studies and surveys that “have documented the stress-related health consequences for individuals caused by exposure to abusive work environments,” and said protections should apply across the board, regardless of race, color, gender, ethnicity, age or disability.

John Smurda, state coordinator for the effort to get a healthy workplace bill passed in Ohio, said bullying is defined as “a systematic campaign of interpersonal destruction that jeopardizes your health, your career and your job.”

While it’s a non-physical, non-homicidal form of violence, he said studies show it has emotional and stress-related consequences.

“With all these problems going on, people don’t realize what bullying is or what workplace bullying is. We’re trying to to get a bill introduced in Columbus to fill in loopholes in current laws,” Smurda said.

Workplace bullies may insult other employees, undermine a co-workers work product, create a hostile work environment or consistently draw attention to someone else’s flaws, ignore their suggestions or otherwise humiliate that person in front of others.

Since 2003, 21 states – including West Virginia – have adopted a healthy workplace bill, which defines an abusive work environment, establishes requirements for proof of health harm by licensed health or mental health professionals and protects conscientious employers from vicarious liability risk when internal correction and prevention mechanisms are in effect.

It also gives employers the ability to terminate or sanction offenders, requires those accused of workplace bullying to obtain their own attorney and plugs gaps in current state and federal civil rights protections.

For workers, it provides an avenue for seeking legal redress for untenable situations at work, allowing victims to sue their tormentor individually. It holds employers accountable, and compels them to prevent and correct future instances.

It does not involve state agencies in enforcing any of its provisions, nor do states which adopt the measure incur additional costs.

Who: An all-star lineup of support from a diverse range of organizations and national leaders.

Special Guests

Mary Kay Henry, International President, Service Employees International Union (SEIU)

Hilary O. Shelton, Director, Washington Bureau, NAACP, Senior Vice President of Advocacy & Policy

David J. Holway, National President, National Association of Government Employees (NAGE)

Charletta McNeill, President Local 32, OPM, Washington, DC, American Federation of Government Employees (AFGE)

Gary Namie, PhD, Director, Workplace Bullying Institute & National Healthy Workplace Campaign

HWB State Coordinators

Greg Sorozan, Massachusetts State Coordinator, HWB, NAGE: National Vice President, President Local 282

Jane Bethel, Virginia State Coordinator, HWB, NAGE: National Executive Board, President Local 200

Lana Cooke, West Virginia State Coordinator, HWB, West Virginia University (Ret.)

First-Hand Bullied Target Tales

Neil Dias, Advocate for HWB

Susan Rae Baker

http://www.workplacebullying.org/freedom-week/state-events/

Massachusetts workers will be able to take legal action against a bullying co-worker or boss, if supporters of the proposed Healthy Workplace bill get their way.

The legislation’s goal is to provide legal relief for employees who have been hurt psychologically, physically or financially because they’ve been subjected to an abusive work environment. The proposed legislation is meant to be an incentive for employers to prevent and deal with workplace bullying.

Supporters of the bill say workers who are not part of a protected class need legal protection from workplace bullying, which they say has been on the upswing in the struggling economy.

The bill also has plenty of detractors, who say that it’s the job of an employer’s human resources department to put a stop to workplace bullying – not the courts. Further, they say regulation around the issue could mean that workplace staples such as performance critiques become hot-button issues, that could lead to a deluge of frivolous lawsuits.

About 35 percent of U.S. workers say they’ve felt bullied at the office, up from 27 percent last year, according to the report from Chicago-based CareerBuilder.

“We’re getting indications that (the bill) is being taken more seriously,” said David Yamada, a professor of labor and employment law at Suffolk University Law School and director of the New Workplace Institute at the school.

Yamada has championed the Healthy Workplace bill for the past decade. He says that because of the push for the legislation in Massachusetts and 12 other states, employment lawyers have started to counsel clients about the need to create anti-bullying policies in the workplace. He said the bill was supported by two legislative committees but wasn’t taken up for a floor vote before the Legislature’s July 31 adjournment.

“Our goal is to get a lot more supporters in the House and the Senate,” Yamada said. “It’s a matter of building credibility for our cause within Beacon Hill so that the legislature knows it’s a problem.”

Timothy Van Dyck, an employment lawyer with Boston-based Edwards Wildman Palmer LLP, says that while he does advise clients to include anti-bullying language in their code of
conduct policies, he doesn’t agree with the proposed legislation.

“It’s going to lead to the opening of the floodgates with respect to litigation,” Van Dyck said. “Any company worth its salt wants to take steps to make sure its employees are treated with fairness and respect. (But bullying) is not the type of conduct that should be taken to the courts. … My concern is that if the bullying legislation is passed, it’s going to inhibit an employer from offering constructive criticism.”

The legislation was first introduced in the 2009-2010 legislative session. The bill’s supporters are preparing to submit it for the January session, the third time the bill has been submitted.

Officials at Associated Industries of Massachusetts say that the Healthy Workplace bill – if passed – will not be good for business because it will add another layer of regulation that companies need to worry about.

“AIM believes that this type of issue” is something companies should deal with internally, said Bradley MacDougall, vice president for government affairs at AIM.

Kip Hollister, founder and CEO of Boston recruiting firm Hollister Inc., says that she’s a supporter of the proposed legislation – with a caveat.

“We do not want to give this bill the (power) where it will allow an employee to not be accountable,” Hollister said. “That is my biggest concern. But what I do think it allows for, is for those leaders who are very negative in how they lead and how they manage their staff… it’s a wakeup call.”

• The Right to Dignified Work
• 
Healthcare is a Human Right

• Right to a Healthy Environment & Livable Planet

• Human Right
s and Education
• Housing is a Human Right

• Human Rights in the Food System

Speaking about Dignified Work is Sherrill Gilbert, Vermont State Coordinator for the Healthy Workplace Campaign. Convention details can be found here.

Interest in the HWB crosses partisan party lines. West Virginia Coordinators testified at two committee hearings. Utah had a version of the bill up for consideration again.

In most states, the 2-year legislative session begins anew in January 2013. Our Coordinators will be working with elected Representatives and Senators in nearly every state in 2013-14. Eventually, lawmakers will have to sever their bonds to business lobbyists long enough to pass this bill to provide workers protection against severe health-harming abuse in the workplace.

Here’s the rundown of 2012 activity.

NY: A 4258 & S4289 NY Details
MA: HB 2310 & S916 MA Details
WA: HB 1928 & SB 5789 WA Details
WV: HB 3015 WV Details
VT: S 52 VT Details
UT: HB 196 UT Details
CT: SB 154 CT Details
IL: HB 942 IL Details
WI: AB 364 & SB 277 WI Details
MN: SF 1352 & HF 1701 MN Details
MD: SB 600 MD Details
HI: SB 2847 HI Details

Business lobby opponents ignore the clarity and whine that workplace bullying cannot be defined, that it is purely subjective (in the eye of the beholder). The HWB does not mention workplace bullying. Instead it refers to an abusive work environment and abusive conduct.

Undermining opponent arguments is the legal precedent of Title VII Civil Rights law defining “Sexual Harassment.” Here is the exact text from the CFR, Code of Federal Regulations. It too could be considered “subjective.” And it is the law of the land!

CFR Title 29: Labor

Subtitle B: Regulations Relating to Labor (Continued)

CHAPTER XIV: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

PART 1604: GUIDELINES ON DISCRIMINATION BECAUSE OF SEX

1604.11 – Sexual harassment.

(a) Harassment on the basis of sex is a violation of section 703 of title VII. 1

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

###

“Hostile” or “offensive” or “intimidating” is defined by the perceptions of the recipient of the unwelcome conduct. It is “subjective.” But it is the law of the land.

One thing for certain … if civil rights advocates tried to pass sex harassment laws today, they would meet the same resistance we meet as advocates for the anti-bullying/anti-abuse Healthy Workplace Bill. Anti-discrimination would never pass in this polarized political and hate-filled climate.

The network of volunteer State Coordinators and their army of outspoken Citizen Lobbyists are not giving up. The campaign begins anew in 2013. We will eventually prevail, we own the moral high ground.

After an honest review of what HWB does for employers and for workers and what it does not do, the advocates for employers said

Employers are wise to get ahead of this trend and address workplace bullies in a proactive manner. Whether HWBs are passed …, current personnel policies should be examined to ensure that bullying is prohibited, that there is a policy in place for employees to report such misconduct, and that all reports of bullying (whether they are based on protected characteristics or not) are taken seriously.

Good for them for saying this. We at the HWC are glad that employers are starting to hear from their own advisers that bullying should be taken as seriously as civil rights violations. That’s one of the two goals of the legislation.

Here is a copy of the complete presentation.

Attorney Taylor Downs explains the rationale for HB 3015, West Virginia’s first-ever version of the anti-bullying Healthy Workplace Bill, sponsored by Delegate Linda Longstreth. A hearing is scheduled for Tues. July 23 before the interim Joint Judiciary committee.

Details of the bill can be found on the WV State Page at this website.

We knew there were some lawmakers on Beacon Hill who didn’t give a fig about the cost of doing business in this state, as year after year they pushed costly mandates like a paid sick leave bill that would drive down wages and other benefits while thwarting the creation of new jobs.

Thanks to the savvy of legislative leaders in this election year this session’s version of the leave bill was doomed to a study last week. But then we got wind of an even sillier piece of anti-business legislation. This one presumes to legislate a “healthy workplace” by outlawing bullying at work.

The bill — which won initial House approval in June and awaits further action before the July 31 end of formal sessions — vaguely defines abusive treatment (“employee acts, omissions, or both, that a reasonable person would find hostile,” etc.) and declares an employer liable for such abusive actions by its employees.

The bill empowers courts both to order a halt to the abusive treatment and — here’s where it’s gift-wrapped for trial lawyers — “order any other relief that is deemed appropriate.”

The bill helpfully spells “relief” as reinstatement, firing the offending employee, back pay, front pay, medical expenses, compensation for emotional distress, punitive damages and attorneys’ fees. Basically anything the court deems appropriate.

But why stop there? As long as lawmakers are getting into the business of human resources consulting why not an explicit demand that the victim of bullying or harassment get a promotion and a company car?

Abuse in the workplace can be a serious issue but one that is properly handled . . . in the workplace.

What we have here is a bill that renders the state the ultimate personnel department in charge of mediating private employee disputes.

We get that bullying is trending on Twitter these days but the push for this bill is yet another case of legislative overreach.

###

If you recognize that the Herald editors are using tired old canards with no imagination, you can write a comment about their position.

The naivete of the editors shows when they suggest that the personnel department (who says that anymore?) can handle the epidemic problem of workplace bullying, actually health-harming abusive conduct as defined in the HWB, without the state taking over. Two problems with this assertion. (1) If HR had been effective on-site, bullying would have been eliminated by now and not a problem. (2) Nowhere in the text of the bill does the state play a role — not to gather complaints, not to investigate, not to decide innocence or guilt, not to punish guilty employers.

Herald editors aren’t illiterate. By inserting quotes from the bill, they demonstrate they can read. However, they only read what they want and ignore the clear language such as the only path to justice for a bullied worker will be “private right of action.” That means paying out of pocket for expensive lawyers.

Write your own response to this editorial. And be sure to visit the MA State Page for the latest news about the progress of 2012 legislation in the state.

Another video produced by the Massachusetts Healthy Workplace Advocates. Suffolk Law Prof. David Yamada, author of the HWB as introduced in all states, describes the movement to pass the bill (in 2012, the bills are H 2310 and S 916) into law. The legislative session ends in July. Visit the MA State page at the national website to write letters to House and Senate members imploring them to pass the bill on the House and Senate floors.

Prof. Yamada’s affiliation with WBI began shortly after the birth of the movement. In 2000, he published the seminal legal article defining workplace bullying for the legal profession (Georgetown Law Journal). In 2001, he wrote the first version of the Healthy Workplace Bill that we then convinced lawmakers in California to introduce in 2003, the first of 21 states.

Since then, Prof Yamada has written extensively about the necessity of creating laws that benefit humans. He is part of the movement within the legal education community called “therapeutic jurisprudence.” A listing of his published papers available for free download from the SSRN website can be found here. He also writes a marvelous blog titled “Minding the Workplace.”

Website: MA Healthy Workplace Advocates

Greg is affiliated with WBI in many ways. He attended Workplace Bullying University. Shortly thereafter, he applied his knowledge as union officer for a decade to lead, with Dr. Gary Namie, the first-ever Workplace Bullying University for Union members only.

Greg successfully bargained for the first-in-the-U.S. anti-bullying bargaining agreement provision (Mutual Respect 6A) for 21,000 NAGE Massachusetts State workers. And has used that provision and newer ones to combat bullying by the state.

Greg’s union joined forces with the Healthy Workplace Campaign to lobby for the Healthy Workplace Bill in his home state, Massachusetts. In 2012, H 2310 and S 916 are poised to be the first bills passed into law in the U.S. specifically because he is one of three State Co-Coordinators.

Finally, Greg is a dear friend to WBI. His marvelous ability to communicate using his background as a clinical social worker has extended the WBI message that workplace bullying is preventable and stoppable. He is one of the best ambassadors for the movement in the U.S.

Website: MA Healthy Workplace Advocates

Bullying by bosses leads some workers to commit acts of violence, and causes stress-related health problems in many more workers. Massachusetts is poised to become the first state in the nation to pass a law against workplace bullying. Vermont is likely to pass similar legislation next year. Legislation in New Hampshire is stalled.

“I have heard from so many constituents who want us to address this problem,” Katherine Clark told the Valley Post. She is a Massachusetts state senator from the Boston suburb of Melrose. “Especially in a down economy, people don’t want to leave a job because of workplace bullying.” Clark said July 31 is the deadline for the legislature to enact the law, which is known as bill H.2310 “An Act addressing workplace bullying,” this year.

Clark and Rep. Ellen Story of Amherst are the bill’s sponsors. The bill is likely to pass this year, Clark said. She urged people who support the bill to contact their state legislators. Contact info is at www.MAlegislature.gov.

Greg Sorozan is president of a local of the SEIU union that represents thousands of workers in Massachusetts. He told the Valley Post he supports the bill. “This is like the sexual harassment laws that were enacted in the 1980s and early 1990s. They have been very effective,” he said.

Sorozan urged people who support the bill to sign a petition at:

http://mahealthyworkplace.com/support/howtosupport.html

Vermont state senator Anthony Pollina lives in Middlesex, near Montpelier. He told the Valley Post that the legislature will probably vote on a workplace bullying bill, which he supports, early next year. “Workplace bullying is a serious problem,” he said.

Vermont state senator Bill Doyle of Montpelier said he supports the bill. It’s likely to become law next year, he said.

Information about bills intended to prevent workplace bullying in Vermont and New Hampshire is at this web site, which is run by a national group that supports the legislation:

www.HealthyWorkplaceBill.org/states.php

See the original article at Valley Post

June 3, 2012

On May 30, we moved from a second reading to a third reading in the House. We now have two months — until July 31 — to complete the rest of the steps to turn the bill into law during this legislative session. What does having two months left mean for advocates? And why haven’t we had a strong push recently for contacting legislators?

Lobbyists push the Healthy Workplace Bill at the State House daily. They have strong insight into the politics that play a role into turning the bill into law. They’ll let us know the most effective strategy — a rally or push with calls and meetings with legislators, for example — and the best timing for that strategy in the next two months.

While we’re waiting for the best timing to act at the State House, we can act now to increase awareness in Massachusetts. In the next two months, we’ll continue to increase our contact lists to prepare to rally our volunteers. You can:

• Write a letter to the editor of your local paper describing why you support the Healthy Workplace Bill. Read an example
• Reach out to civil rights groups and unions about their possible support.
• Post a link to this slideshow on Facebook to educate others on the Healthy Workplace Bill
• Share your personal story on the MA Healthy Workplace Bill website. E-mail info@mahealthyworkplace.com.
• Sign the petition
• Pass around the Massachusetts Healthy Workplace Bill Fact Sheet or send a link to MAhealthyworkplace.com to those who have experienced or witnessed workplace bullying. Download the flyer
• Join the Facebook group, Facebook page, or follow us on Twitter for updates on the progress of the bill.
• Write to employment lawyers, social workers, and psychologists about the Healthy Workplace Bill. Ask them to tell their clients about the bill. Download the letter template
• Sign up for the Massachusetts Workplace Bullying Law e-newsletter. E-mail info@mahealthyworkplace.com.
• Tell friends and co-workers about the bill.

While bills generally take multiple two-year legislative sessions to become law, we’re hopeful that 2012 is the year that we’ll have a law in Massachusetts. We know that many bills become law at the end of the session. But we also know that we need to do everything we can now to turn the bill into law.

PSC Cross-Campus Officer Andrea Vasquez (right) discusses the Healthy Workplace Bill during a May 9 meeting of HEOs and CLTs at City College. On her left is HEO Chapter Chair Iris DeLutro. 03-DSC5179.jpg

Public concern about school bullying has increased greatly in recent years. No longer seen as an inevitable part of growing up, school bullying is now understood as an important social problem that can affect both health and learning, and as a problem that school districts have a responsibility to solve.

Now a coalition of unions and worker advocacy groups in New York State is taking aim at another venue where bullying is widespread but little acknowledged – the workplace. The PSC and its coalition allies aim to win passage of the Healthy Workplace Bill (S4289/A4258), a measure that would provide remedies to workers whose employers allow them to be subjected to a pattern of abusive conduct on the job.

ADULT VICTIMS

“Bullying happens on many levels,” says Paul Washington, vice chair of the PSC’s Higher Education Officer (HEO) Chapter. “Just because we are adults doesn’t mean that we don’t get disrespected or demeaned.” When HEO chapter leaders visit CUNY campuses, Washington told Clarion, “We always have people pulling us aside and telling us they have been bullied but are afraid to speak out about it.”
While victims of bullying often remain silent, when they do speak out the revelations can be shocking. Court papers in personal lawsuit by two HEO-series employees a few years ago provide a clear illustration of what bullying can be like.

Emelise Aleandri and Gloria Salerno charged that the director of CUNY’s John D. Calandra Italian American Institute, Joseph Scelsa, had relentlessly targeted them for more than a decade after he learned they were organizing a women’s support group for female employees who were chafing under Scelsa’s management. Considering this an act of disloyalty, Scelsa ordered the group to disband, they said – and then went after them.

Scelsa waged “a campaign of obsessive control and bureaucratic maneuvers designed to humiliate and slowly choke them out of their jobs,” the two women told Clarion (see tinyurl.com/calandra-suit). Salerno, for example, was stripped of her duties and instructed to sit quietly at an empty makeshift desk constructed from a plank of wood placed atop two filing cabinets – with no access to a computer and no assignments to complete.

Aleandri, who was a producer, writer and host for a CUNY-TV show, saw her job responsibilities whittled away while subordinates were promoted over her. Relegated for nine years to an office without a telephone, Aleandri said she was forced to route all her professional communications through her boss’s office so that he could monitor everything she said. On a day-to-day basis, she told Clarion, there were “a million little things” that created a hostile work environment.

When Aleandri and Salerno sued for gender discrimination, their case was dismissed. A state judge found that Scelsa did indeed abuse and humiliate the institute’s employees – but that he directed such treatment toward men as well as women. Under current law, harassment of employees that would be illegal if used to discriminate becomes legal if not directed against a particular group. And that, in a nutshell, is the case for legislation against bullying in the workplace: to establish in law that abusive treatment of workers is always wrong.

(Aleandri and Salerno did reach a financial settlement with CUNY, after the judge supported their claim ruling that they had been subject to retaliation for filing a discrimination complaint. Civil rights law bans such retaliation, regardless of whether the complaint is sustained.)

WIDESPREAD

A 2010 Zogby survey found that 53.5 million Americans (or about one-third of the US workforce) have experienced workplace bullying, while 23 million more have witnessed it. According to the poll, 62% of workplace bullies are men while 58% of targets are women. A follow-up survey by Zogby found public support running strongly in favor of legislation to protect workers from “abusive conduct” by a margin of 64% to 24%.

The HEO Chapter has taken an active role in pressing this issue, says Chapter Chair Iris DeLutro, because HEOs are vulnerable to bullying at CUNY. They have fewer job protections than full-time faculty and are increasingly pushed by management to do more work to compensate for budget cuts and the departure of colleagues who took early retirement. These pressures create fertile soil for bullying of employees. “More is expected for less, and too often people are treated badly,”said DeLutro, who has working to change state law on workplace bullying since 2004.

The Healthy Workplace Bill now under consideration in Albany is based on a simple idea: people should be able to do their jobs without being harassed and abused. The legislation would enable workers to sue if they can prove that their employer allowed them to become the target of this kind of sustained mistreatment. Actions could be brought for medical expenses, lost wages, compensation for emotional suffering and punitive damages.

DIVIDED LEGISLATURE

In 2010, the New York State Senate passed the Healthy Workplace Bill with broad bipartisan support, only to have the legislation buried in committee in the State Assembly. This year, the bill has 85 co-sponsors in the State Assembly, a sizable majority of that body’s 150 members. However, the bill does not currently have the support of a majority of the members of the Republican-led State Senate.

“We’ve got to put the pressure on and give State legislators the support they need to pass this,” DeLutro said. DeLutro and other PSC members traveled to Albany on May 22 to lobby for the Healthy Workplace Bill and other union legislative priorities. The grassroots lobbying effort was organized with the PSC’s state affiliate, New York State United Teachers (NYSUT), which has long supported the Healthy Workplace Bill.

Employer associations claim that the Healthy Workplace Bill would be a “job-killer.” But those who study workplace psychology insist that ensuring emotionally healthy workplaces will be a boon to the economy.

$300 BILLION

“I think it’s important to have a healthy work environment so that we can perform at our optimum levels,” said Clara Wajngurt, a Queensborough Community College professor who is studying bullying and the academic workplace. “I’ve seen people leave jobs who were very good workers when the situation could have been handled differently.”

According to the New York State Psychological Association, which supports the legislation, job stress costs the US economy $300 billion a year in absenteeism, diminished productivity, employee turnover and direct medical, legal and insurance fees.

“Because society and the media have projected the idea that a boss is supposed to be yelling and screaming and demeaning to their employees, we think this is how it’s supposed to be,” Washington told Clarion. “We are going to have greater worker productivity once people are able to come out of the shadows and confront this.”

And in the end, he said, “It’s just the right thing to do.”

Original Article

Savino, Englebright Push Bill to fight Workplace Bullying

by Rebecca Melnitsky, Capitol Confidential, April 30, 2012

With the support of many unions and workers advocacy groups, Sen. Diane Savino and Assemblyman Steve Englebright urged the legislature to pass the Healthy Workplace Bill.

“Workplace bullying is repeated and repeated verbal abuse and psychological abuse in the workplace,” said Tom Witt of the state Healthy Workplace Advocates, an organization dedicated to the passage of legislation that addresses and educates employers about workplace bullying.

Witt noted that workplace bullying can be the cause of mental illness and violence.

“We clearly know what harassment means from the perspective of sexual harassment,” Savino said. “What this bill does is that it takes out the word ‘sexual harassment’ and leaves in the activity. So, if I had power over you, and if I create a hostile work environment, that’s already against the law if it applies to sexual harassment. Take the word ‘sexual’ out. It’s the same kind of behavior.”

Savino added that victims of workplace bullying feel threatened by a loss of employment if they don’t comply with a supervisor’s unreasonable demands. “When you’re being harassed, you know it,” Savino said.

Englebright said he had recently spoken to Assembly Labor Committee chairman Keith Wright. “He indicated that he wanted to move this bill, and would do so. So part of what we’re announcing this morning is that this is a priority for this session.”

Englebright said the bill has 82 sponsors in the Assembly.

Victims of workplace bullying shared their personal stories.

Diana Whitwaker, a former nurse, said that some of her colleagues in VA hospitals committed suicide. Heidi Ellerton DiTonno said that workplace bullying made her develop anorexia. Neal Dias cried when he recalled the toll that taking Verizon management to court for bullying has taken on his family.

“As a Vietnam-era veteran, there are certain invisible wounds that were suppressed and very under control for 42 years,” Colleen O’Connor said. “Six months at the VA destroyed any kind of semblance that I may have had in my life. Via the bullying, sabotage, threats from staff and management, my local VA triggered my wounds and destroyed my wellness that I had prior to working there.”

Remember, the Mass state page always has the most recent activity and updates.

Are you or is someone you know being bullied at work?

The City of Vancouver is proclaiming today “A Day to Celebrate Workplace Respect and Responsibility” in an effort to raise awareness and stop this from happening.

At least one organization is going much further than prevention; BullyFreeBC is looking at creating an employment standard to help victims.

Robyn Durling with the group tells us the current human rights legislation only covers bullying or harassment related to gender, race, sexual orientation and religion. She says that’s a problem.

“If you’re just being bullied because [your boss] doesn’t like you, there is very little protection, especially in the non-unionized workforce,” he explains.

Durling is describing a common scenario for some victims. “[They say] ‘My boss keeps harassing me, keeps bullying me, and it keeps going on and on. I complain about it, but it doesn’t stop; what are my options? My options are somewhat limited.’”

That’s why his group is trying to get a work-safe policy in place, “[A rule] that would allow some administrative body to investigate complaints as necessary and to intervene and protect people.”

“Then [WorkSafeBC] would investigate it as they would as any other workplace incident but the triggering event would be bullying as opposed to being injured,” he adds.

Other provinces like Manitoba, Saskatchewan, Quebec and Ontario have psychological harassment policies in places of employment. The closest rule currently in BC is related to mental stress. But that can only be triggered by a single traumatic event, not a gradual onset like bullying.

According to the Workplace Bullying Institute survey of 2007, 37 percent of workers have been bullied, and 72 percent of those were bullied by their bosses. No workplace is immune to it. This is a serious and underestimated problem, even in institutions of learning, where one might think that the administrations in our public schools would be above such a thing.

Utah Teachers United represents public- school teachers, and we’ve seen this aggressive behavior toward teachers escalate. When effective teachers with no history of problems are targeted by an administrator, an alarm should sound. However, we have seen firsthand how administrators abuse their positions of authority over teachers in a way that is so insulting, so demeaning, it demands a policy be put in place to deal with workplace bullying.

It is troubling to see the many negative comments by the public, in addition to discouraging legislation on national and local levels, aimed at making teachers appear to be the sole problem of what is wrong with education today. Making their job more difficult is not the solution to better outcomes in our schools.

Many forget that classroom teachers, like any person in the workforce, have a boss. Bosses direct the employees so they know what they are expected to do. The bullying administrator steals from the teacher and therefore robs students of what they need and deserve in the classroom. Some of the qualities desired in a teacher, such as confidence, individuality, loyalty and self-esteem, are ripped away, leaving health issues to crop up as the quality of life is diminished for these educators. Many are encouraged by management to resign (regardless if the school year is still in progress), as opposed to having a termination on their record.

It is shocking to see how easily a bully can destroy the career of a teacher. We need experienced, effective teachers in the classroom. Instead of perpetuating and condoning bullying, administration on every level should be setting an example for staff and students.

Maybe House Bill 196—the Abusive Workplace Policies Act—will help them do just that.

Anita Ferroni
Utah Teachers United
Midvale

Co-sponsored by Senator Katherine Clark of Melrose and Representative Ellen Story of Amherst, the bill provides workers with a legal right to seek damages for severe bullying behaviors that have caused physical or psychological harm. Employers who engage in preventive and responsive measures toward workplace bullying can eliminate or reduce their liability exposure.

“The progression of The Healthy Workplace Bill is a significant step forward for victims of workplace bullying,” said Senator Clark. “Although 16 states have fought to pass similar proposals, we hope that Massachusetts will become the first state to create a law that encourages employers to prevent bullying from occurring.”

“I am delighted by this favorable action,” said Representative Story. “Our biggest obstacle to passage of the bill is a lack of awareness that workplace bullying is a problem. I am hopeful that this progress will help publicize the widespread and damaging challenges presented by workplace bullying, and that the House will hear our call to act on this issue soon.”

According to a 2007 national survey by Zogby International and the Workplace Bullying Institute, 37 percent of workers have experienced some form of workplace bullying. This includes defamation, false accusations, yelling, insults and physical assaults, among other forms of harassment and abuse.

“Too many abused workers have no legal recourse, and too many employers treat complaints about workplace bullying dismissively or even side with the aggressor,” said David Yamada, Suffolk University Law Professor and author of the bill language. “Passing the Healthy Workplace Bill will protect workers against severe bullying at work and encourage employers to prevent behaviors that devastate productivity and morale.”

The Healthy Workplace Bill is supported by Massachusetts Healthy Workplace Advocates, a grassroots organization of concerned citizens seeking to protect Massachusetts workers from targeted psychological abuse at work.

Original article

Maryland: March 22, 1 pm for SB 999. MD residents visit the MD State Page for details.

Download a personal copy to print.

Gary Namie, PhD
National Director
Healthy Workplace Campaign

So, here we educate site visitors about a key part of the HWB as introduced in the 21 states since 2003. The bill requires the “private right of action.” That means that individuals wanting to sue using the bill after it becomes law must rely on an attorney they find and hire. There is no government involvement.

If you were to want to be a plaintiff in a discrimination lawsuit, you must first go through the federal EEOC with your complaint. The EEOC will eventually give you permission to sue with a “right to sue” letter. Then, your case would require you pay for a private attorney.

If you allege that your employer violated either a state or federal occupational safety regulation, you would necessarily file a complaint with your state’s OSH department or the federal Dept of Labor/OSHA. Government gets involved. Unfortunately, U.S. occupational safety and health regulations are scant. Worse yet, employer penalties for confirmed violations are laughable. Preventable death of an employee costs only $10,000! Fines are a joke. Inspections are pre-announced and toothless.

Federal OSHA has been de-fanged by the combination of (1) deliberate gutting of budget adequacy by political opponents of both parties (corporate loyalists) in Congress for many decades that dictates too few inspectors in a large country, and (2) a reluctance to regulate and punish unsafe employers that converted to OSHA’s push to help employers “comply.”

Here are the arguments in favor the “private action” provision contained in the HWB.

1.) When state agencies process complaints for citizens, it costs the State money. Staff time is required for intake interviews, data coding, investigations, adjudication, appeals, and case completion. State money is better spent on requisite social services during austere times.

Our appeal to legislators to enact the HWB involves persuasion and convincing. One of the bill’s most attractive features is that it will be “revenue neutral.” It will not cost the state money when it becomes law.

2.) A second reason to elect private right of action over state enforcement is the transparency that court filings provide. Employers can be held accountable via lawsuits and press attention. Bullying situations may be resolved to preserve positive public relations by employers.

With state involvement, especially using OSH violations, accused employers and individuals are assured secrecy under the cloak of confidentiality. Similarly, retaliation of complainants (a routine practice) is kept hidden from view.
Secret internal complaint handling by employers is one of the factors accounting for workplace bullying’s prevalence. Abuse conducted behind closed doors can be denied and not dealt with. That prevalence was demonstrated in two national representative (scientific) surveys in 2007 and 2010 by the Workplace Bullying Institute.

3.) Third, state agencies have slow bureaucratic processes. Even if we assume state staff are expert investigators, current agency cases languish for years. Proceedings are drawn out when employers contest jurisdictional issues. For example, a person using the state is stalled while the employer argues over whether the case is governed by workers compensation laws or disability or should be in civil court. Years pass. No progress.

4.) Fourth, state and federal OSH violations result in insufficient penalties to discourage future instances of health-harming abusive conduct in American workplaces. When cases require retributive justice to ameliorate bullying, gentle recommendations or calls for voluntary change fall short.

Additionally, the health-harm effect threshold found in the HWB is not a simple statement about what is required to ensure that workplace bullying happens. Bullying happens long before health harm is demonstrable. However, if one wants to use the courts to seek justice, there is an additional requirement. It is not enough to have been bullied to file a lawsuit. I think we all agree that courts should not be clogged with trivial (hurt feelings) cases. Rather, when bullied targets are traumatized and seriously impaired, the probability of being taken seriously by the court increases.

5.) State agency directors are political appointees. Governors bring their own partisanship to state governance. When a particularly rabid anti-worker governor gets elected (in 2010, this is exactly what happened in Michigan, Indiana, Wisconsin, South Carolina). It is certain that no state agency would faithfully investigate workers’ complaints of abusive mistreatment by employers who have contributed to the Governor’s election campaign. In other words, prosecution of investigations and enforcement will depend on the political leanings of the administration in power at the time.

6.) State involvement permits free complaint filing by individuals. Genuinely bullied targets would want to file, but bullies will likely use the process to attack their targets, this time with the state’s help. The beauty for bullies is that the state would absorb costs. No attorney need be retained. It’s free to make trouble for others.

Thus, state involvement increases the risk of frivolous complaints. Whereas a reliance on private right of action forces individual plaintiffs to pay for an attorney. The cost prohibitive nature of lawsuits screens out cases without merit, and courts can easily dismiss cases without merit. Free filing exposes the process to risk from bullies determined to abuse the process.

Given the above 6 reasons, we discourage state lawmakers from abandoning the “private right of action” provision of the HWB. This is not the time to strain already scant state fiscal resources.

Gary Namie
Healthy Workplace Campaign

For another tutorial on the HWB, read this article.

In 2012, we expect a flurry of activity. There will be hearings for existing bills, new bills introduced, bills moving to floor votes and a real chance that one or more states may pass the HWB into state law. To prevent confusion during the hectic period when inaccurate portrayals of the HWB will surface, let me clarify our goals for the bill proposed in every state and then showcase the key features of the bill and distinguish it from what wounded, but unhealed, targets of bullying might wish for.

Repeated, Harmful Abusive Conduct Defined

It is important for legal laypeople to understand that the text of the HWB was written by Suffolk Law Professor David C. Yamada. He has made workplace bullying his legal specialty. His year 2000 treatise published in the Georgetown Law Journal was the U.S. legal world’s introduction to bullying and the need for “status-blind” harassment protections for workers. He modeled the HWB on existing anti-discrimination statutes. Practicing attorneys and we who are not familiar with the structure of laws make the poorest critics. That’s why we at WBI accept the HWB completely as the best model legislation for contemporary America.

Legal critics and bully apologists love to claim that bullying is too ambiguous, subjective, and undefinable. Not true. As a first step, we do not refer to “workplace bullying” anywhere in the HWB text. Given the full range of manifested bullying possible, from mild and covert to severe, it only makes sense to have a law address the most egregious, harmful and severe forms. The HWB puts the misconduct on par with domestic violence and other potentially traumatizing experiences. If people are to be given the right to sue, it must not be over a misunderstood interpretation of an arched eyebrow.

Here is the definition codified in HWB. “Abusive conduct is conduct, including acts, omissions, or both, that a reasonable person would find hostile, based on the severity, nature, and frequency of the defendant’s conduct. Abusive conduct may include, but is not limited to: repeated infliction of verbal abuse such as the use of derogatory remarks, insults, and epithets; verbal or physical conduct of a threatening, intimidating, or humiliating nature; the sabotage or undermining of an employee’s work performance; or attempts to exploit an employee’s known psychological or physical vulnerability.” Who gets to say what is verbally abusive or threatening? The recipient, just as in anti-discrimination law.

A Necessarily High Standard

Therefore, not every person offended by the actions of others could use the HWB. The bill requires that harm be demonstrated by a medical or mental health professional or that the employer foolishly punished the plaintiff worker by demotion, punitive transfer, retaliation or termination (some adverse employment action). Serious harm required to pursue a serious lawsuit against either the employer, the perpetrator, or both.

Critics argue that courts will be flooded with baseless lawsuits that employers love to call “frivolous.” But system hurdles will minimize the chances of that happening. First, plaintiffs will have to pay for a private attorney out of pocket to mount a case. Costs alone discourage filing cases just to annoy employers. Attorneys will not accept cases with no to little chance of winning. Judges are quick to grant summary judgment to employers (they throw out the entire lawsuit by siding with employers before hearing evidence).

Abusive conduct must be malicious, as defined in the HWB, not by the court. “Malice is defined as the desire to cause pain, injury, or distress to another.” This requirement also will help sort out trivial bullying from health-harming abuse. In severe bullying cases, this standard will most likely be met.

High standards are necessary to weather challenges of constitutionality, if they arise. Laws should have a higher standard to meet, a higher threshold of impact and severity, than company policies. Bullying happens before the onset of health harm. That’s why companies should be less tolerant of the misconduct and respond earlier than any law should require.

The Primary Reason to Enact the HWB

There are two goals stated in the text of the bill. First, it provides legal incentives for employers to prevent and respond to abusive mistreatment of workers. Second, it plugs holes in existing labor laws by allowing employees who have been harmed psychologically, physically or economically by being deliberately subjected to abusive work environments to seek legal relief which they cannot now do.

A good, non-abusive, employer need not fear the HWB becoming law. However, if abuse is routine practice in an organization’s work environment, that employer requires prodding to stop. WBI surveys show that employers do nothing 44% of the time when bullying is reported (according to the national 2007 WBI U.S. Workplace Bullying Survey) and the most common response of employers to bullying (according to an online survey of bullied targets, the real consumers of bullying-related employer responses) is to actively resist employee’s desire to address it (46%) and to remain unengaged (35%) with only 3% of employers creating specific policies and faithfully enforcing them.

It is obvious without the threat of litigation, employers can continue to ignore bullying. Plugging the gap in the law does that. More important is the use of the HWB to dangle the incentive for employers to do what they should be doing voluntarily. With the threat of vicarious liability (holding the employer liable for the misconduct of their managers (72% of bullies are bosses)), employers can be compelled to act.

Employers On, Then Off, the Hook

Plaintiffs can sue their employer (the entity with insurance to cover legal defenses for this type of misconduct, called Employment Practices Liability Insurance – EPLI) because managers are “agents” of the employer and are considered to have acted on the employer’s behalf, whether or not the bully’s actions are known to the employer. That’s the point of employer vicarious liability.

Under HWB, plaintiffs have the option of suing their bully. The only defense for an abuser is if he or she acted “at the direction of the employer, under threat of an adverse employment action.” In other words, the bully was made to do the bidding of the employer under threat.

The HWB text states that if “the employer exercised reasonable care to prevent and correct promptly any actionable behavior;” then it would not be held liable. That means that if the employer has a policy (a preventive act) and enforced it (corrected promptly), the employer escapes liability. It cannot be sued. It has a defense against a claim.

The get-out-of-responsibility provisions in the HWB for employers are called “affirmative defenses.” They are the incentives for employers to start addressing, rather than ignoring bullying. Similarly, the HWB cannot be used against employers if a bullying correction process was in place and the target did not use it, or if the employee was punished for poor performance, misconduct, illegal or unethical activity, or if “economic necessity” led to termination.

Inadequacy of Current Laws

The conclusion of Yamada’s seminal law journal article that launched the HWB is that the tort that most closely fits cases of workplace bullying, Intentional Infliction of Emotional Distress (IIED), nearly always fails to provide relief for bullied targets. The primary reason for the failure is that the threshold of “outrageous conduct” is rarely crossed in U.S. courts. That is, what you and I would consider over-the-top cruelty, thus outrageous, does not meet the U.S. legal standard of conduct beyond the bounds of civilized society. That translates to a license for any manager to do anything and courts consider their tactics within their allowed prerogative. As Yamada concluded IIED is inadequate because courts are too strict for plaintiffs while forgiving most ever transgression of bullies. [In Canada, the tort uses the "reasonable person" threshold. There it takes much less violence for conduct to be deemed outrageous.]

In a 2011 case, a young woman won a $41 million jury award for a combined IIED and sexual harassment case. But it was extremely severe. Even the jury had to admit her manager’s lewd conduct and sexual battery crossed the line. But that’s what it takes to win.

The other existing laws that pertain to bullying cases are state and federal civil rights statutes. We know from the WBI 2007 national survey that 1 in 5 bullying cases also have an illegal discrimination component. That is good for the plaintiff. By filing an EEOC or internal discrimination complaint, the employer will have to pay attention. Of course, complaining triggers a reflexive retaliation by employers. But that’s more good news for plaintiffs. There can now be a charge of retaliation. According to the EEOC, more cases are won by proving retaliation for filing a discrimination complaint than are won when the claim is that one of the seven protected categories was the actual reason for the mistreatment. A 2010 study of the efficacy of discrimination laws found that plaintiffs win in only 15% of cases, and the rate is declining.

The public (and many lawmakers, pundits, bloggers, and nearly everyone who is a target) misunderstands is that to be eligible to claim discrimination — sexual harassment, hostile work environment, racial discrimination, religious persecution — it is best when only the recipient/target is a member of protected status group based on race, gender, age, disability, etc. When the harasser/bully/perpetrator is also protected, it is problematic and may disqualify the plaintiff from filing. The majority of bullying is same gender, same race. Thus, bullying which is 80% of all harassment, is invisible in the eyes of the law. Only a very narrow slice of the population is ever eligible to claim discrimination. Always determine whether the perpetrator is similarly protected. That nullifies any protection for the target. It is a simple and erroneous statement to say that a hostile work environment is illegal in the U.S. Sad, but true.

Given the inadequacy of IIED and civil rights statutes to address workplace bullying, a problem of epidemic proportions in the U.S., there oughta be a law! That’s why we need the HWB. We need it despite whining protestations from corporate defense attorneys who point to IIED and civil rights laws as adequate — for employers, yes — for plaintiffs, protections are non-existent.

A Target’s Wishlist

We certainly wanted a law in the beginning of our involuntary involvement with workplace bullying back in 1995. When we started the organization that has become the Workplace Bullying Institute in mid-1997, we had learned the hard way that existing U.S. employment law was very narrowly defined and did not deserve to be called “protection.” David Yamada annexed his legal work with WBI and in 2001 gave us the first version of the HWB to take to the California legislature. Ruth Namie, Carrie Clark and I learned amateur lobbying the hard way but were able to get the largest state to introduce HWB for the first time in 2003. Now, there is a nationwide team of volunteer State Coordinators carrying the HWB to their state legislatures. For the technical content of the bill, we defer to law professor Yamada. We and the Coordinator team are the implementers.

When deep in the throes of emotional turmoil through no fault of their own, bullied targets demand justice. They deserve it. Naturally they turn to the law and courts to provide this. They want to sue. They want retributive justice — someone must be punished and held accountable. They want revenge. One late website author used to insist that all bullies were psychopaths. He never seemed to heal. To individuals subject to such constrained thinking and prone to emotional distortion, affirmative defenses for employers make the bill sound weak.

The HWB will become a civil law. The only method for restoring a plaintiff’s dignity and sense of justice is cash. This is not a bill to create a criminal law. There are only two in the world: (1) a new 2011 bill in the Australian state of Victoria, and (2) the French Social Modernisation Law. So, please know that people, however heinous, will not be going to jail after the HWB becomes law.

Targets want draconian laws to punish employers. And so might we. However, the process of making laws in the U.S. is through legislators who win their elective seats by raising money, most of it corporate money. There is little appetite for advancing laws for middle class working folks. In fact, after the 2010 election, there was a spate of anti-worker, anti-union laws passed simultaneously in several states. Current politicians who populate the state legislatures mostly hate or are indifferent to the plight of workers.

The lawmakers who are the exceptions to the new rules are the brave sponsors of the HWB. Their lives have been personally touched by destructive bullying. They come from all political parties. They lend credence to our statement that the HWB is non-partisan. However, in states with majorities in both chambers and the governorships where anti-worker laws passed, it is an uphill battle to simply get the HWB introduced.

This is the political world we have for the next several years. Abuse at work is serious. But so is self-destruction of the planet by governments’ failure to deal honestly with climate change, pollution and the effect of the destructive human imprint on the natural world. If lawmakers can’t address ways to ensure we have suitable air and water for our grandchildren, you can imagine how easily they dismiss the abuse of adults in the contemporary workplace. The business lobby’s clamoring for jobs through the elimination of basic regulations for employers overwhelms our counter-message that employers should be mildly constrained so that work does not become a war zone for anyone.

We appreciate that some legal writers have considered passage “inevitable.” The momentum of the workplace bullying movement that we originated here in the U.S. is building as the term “workplace bullying” enjoys more mainstream acceptance and usage every year. Much work remains to be done and it will not stop when the first state makes HWB law. That will simply launch a new phase in the struggle.

A short final word about why we are pursuing state laws and not a national one. Each state has different workers compensation laws to which the HWB must conform. It would be nearly impossible to craft a national law that could accomplish that task. With a national law, there are also interstate commerce clauses that must be dealt with, further complicating the task. And finally, have you looked at Congress lately, both the paralyzed Senate and the wacky House? We have lobbied a bit in Washington, DC but with a different purpose than to propose a national law to complement federal civil rights statutes.

For those who think we should expand existing civil rights laws, think again. Those statutes are considered sacred by constituencies that benefit most from those laws. There is a dormant opposition to tinkering with those hard-won laws that could be awakened if we sought to supplement current protections in the civil rights codes. Modifying them in the reactionary political climate that has prevailed for the last 31 years in the U.S. seems to be a fool’s errand. We shall stick with our state-by-state campaign unless there is a major upheaval in national politics and a new progressive era is ushered in.

The Confluence of Movements

The Healthy Workplace Campaign certainly benefits from the Occupy movement that addresses income inequality. The protesters have made clear the unnatural and undemocratic disparity that is reflected where we go to work (if we have a job at all). That owners control the entire work environment and can callously discharge workers with no consequences when no union is present. The intra-organizational political disparities reflect the broader economic ones in society. Workplaces are microcosms of society.

In America’s private sector, 93% of workers have no union. The doctrine of “employment at will” prevails. It is that same negation of workers’ rights relative to those of the owners that fosters workplace cultures where bullying thrives. Employers continue to fire anyone daring to organize a unionization drive. Employer campaigns to discredit unions at meetings where they can mandate all-hands attendance seem to work. Many workers, despite unemployment at Great Depression levels, prefer to side with employers rather than with their colleagues to demand fairer treatment.

To improve workers’ lives, there must be attempts to chip away at employers’ unilateral control over workers. They won’t voluntarily yield or share power without pressure from employees working collaboratively and collectively.

In the absence of unions, and to enhance the safety of unionized workers, please help us pass the Healthy Workplace Bill. Do it to restore some fairness to the American workplace.

Gary Namie
National Director, Healthy Workplace Campaign
Nov. 22, 2011

###

An interview with Adam Cohen, Yale Law Professor, on CNN that provides a great tutorial on the HWB.

by Phyllis Guest, Dallas Voice, Nov. 17, 2011

Bullying isn’t just confined to teens; adults in the workplace are targeted, too.

I recently met a remarkable woman who has a lot to say about a kind of adult bullying that hits straights as well as LGBTS, that hurts men as well as women, that harms older and less connected workers the most, and that is so pervasive it’s called “The Silent Epidemic.”

Esque Walker, who lives in Corsicana and drove up to Dallas recently to give a Saturday morning presentation on workplace bullying, has an undergraduate degree in health information management, a masters in healthcare/health information management and a doctorate in public policy and administration.

She also has a score of certifications and areas of expertise.

She has been working diligently for the passage of the Texas Healthy Workplace Bill, authored by David Yamada on behalf of the Workplace Bullying Institute. It’s hard going, as you can imagine.

So far, Dr. Walker has been unable to even get a meeting with Gov. Rick Perry. Perhaps he is too busy campaigning. More likely, if his many aides have put her name and credentials before him, he has retreated into his good-hairyness.

Remember: He scraped through Texas A&M with Ds; she has a Ph.D.

But the governor is not the only impediment to getting this bill in place. So far, Dr. Walker and her associates have spoken with a great many Texas state senators and representatives. Not one has agreed to sponsor the bill.

Dr. Walker was herself the target of workplace bullying some years ago. But instead of simply taking the abuse — as most women and many men have done over the years — she aligned herself with others who understood the issues involved.

So, what are the issues?

To begin, Dr. Walker asserts that adult bullying is based on the bully’s need for power and control. It’s closely linked with competitiveness; the bully may resent the target’s appearance, education, personality or any number of facets of the other person’s being. He or she definitely does not want the target to advance.

So how do you know you are targeted, assuming the bully does not actually taunt or threaten you, as happens so often to children and teens?

You start with power disparity; the bully may have a higher status, longer tenure or perhaps corporate protectors to give him or her a sense of strength.

Then you look at four other criteria: repetition, duration, intensity and escalation.

Workplace bullying, says Dr. Walker, usually plays out in a predictable way. First, the bully criticizes you or gets someone above you in the pecking order to do so. Next, the bully involves others, usually four to six people who may see you as a threat or just want to curry favor with the boss.

Then, no matter what you do, it is not enough or not good enough, and coworkers are not allowed to “help” you. Eventually you are fired — after being told, “You are not a team player.”


Here’s how it looks by the numbers:

• 62 percent of bullies are men (who may bully other men, straight women or, of course, LGBTs).

• 58 percent of targets are women.

• 18 percent of adult suicides in the European Union are attributed to workplace bullying.

• An estimated 1 million Texans are bullied at work every year.

As the economy has worsened, pushing out older workers has become the norm; counselors report the escalation, although putting a number to the pain is virtually impossible.
So what to do if you are the target?

First, document everything, with specifics of person, time, place and comment or event. Second, do not go to your organization’s human resources person or department; HR works for the company and could care less about you.

The Equal Employment Opportunity Commission or your union representative — if applicable — can help; the latter may be especially important in education and medicine, where power disparities and bullying are common.

The Workplace Bullying Institute publishes a newsletter and other materials that can offer insight plus specifics. The Dallas Public Library has books by Gary Namie and Ruth Namie, Ph.D.’s known for their groundbreaking research and writing on workplace “jerks, weasels and snakes.”

And of course Out & Equal has done and continues doing great work on behalf of our community.

Final thoughts: The worst that can happen is that Texas will continue to allow vast amounts of cruelty in offices, factories, fields and stores. The best that could happen is that our next Legislature will pass the Healthy Workplace Bill, recognizing the problem, mandating anti-bullying education, and allowing victims to sue.

Meanwhile, if a workplace bully is making you frightened and depressed, find a counselor in whom you can confide. And don’t wait ’til tomorrow. Do it today.

###
Read another story about Esque Walker | Watch a San Antonio TV clip (scroll down the page) | Visit the Texas State Page at this HWB site

Check out Part 1

Check out Part 2

by Erika C. Collins, New York Law Journal, Oct. 24, 2011

The United States has had status-based harassment and discrimination laws in place for decades, well in advance of most other countries. Though the United States has taken several measures to protect those who are harassed in the workplace based on “protected categories,”(1) it has not introduced legislation to assist those who are “bullied” in the workplace, but do not have such a protected status on which to base a claim. Recent surveys indicate that a significant portion of U.S. workers may fall into this category; 35 percent of U.S. workers reported experiencing workplace bullying, the majority of which was same-gender harassment.(2)

Currently, there is no state or federal law to fill this gap in coverage. The first anti-bullying piece of legislation, the “Healthy Workplace Bill” (HWB), was introduced in California in 2003. Since then, 21 other states, including New York, have proposed bills based on the HWB, though none have yet been enacted. The New York State Legislature, however, is considering such a bill. A bill establishing “a civil cause of action for employees who are subjected to an abusive work environment” provides a remedy for victims of harassment that is not based on a protected category and holds employers civilly liable for maintaining abusive work environments.(3) If the bill is passed into law, New York will become the first state in the country to recognize a cause of action for workplace bullying, though several states have considered such legislation in the past.

Other countries have been more proactive in combating workplace bullying. In particular, Sweden, the United Kingdom, France and Japan have introduced new legislation or have interpreted existing legislation to address bullying in the workplace.(4) This article summarizes New York’s proposed bill. It also analyzes workplace bullying laws in place in Sweden, the UK and France as examples of treatment of workplace bullying outside the United States. Finally, this article provides recommendations to multinational employers that are faced with complying with developing bullying laws.

Healthy Workplace Bill

The New York State Legislature introduced an anti-bullying bill in 2010, which passed in the Senate,(5) but was put on hold in the Assembly. In early 2011, an identical bill was introduced in the New York State Assembly and Senate,(6) and is currently under consideration. Supporters of the proposed legislation are hopeful that New York will be the first state to pass it, prodding other states to follow its lead.(7)

The bill would amend the New York Labor Law by providing legal redress for employees who are subjected to an “abusive work environment,” which exists when an employee is “subjected to abusive conduct that is so severe that it causes physical or psychological harm.”(8) The bill defines “abusive conduct,” as “conduct, with malice, taken against an employee by an employer or another employee in the workplace, that a reasonable person would find to be hostile, offensive and unrelated to the employer’s legitimate business interests.”(9)

A single act will not constitute abusive conduct unless it is “especially severe or egregious,”(10) similar to the standard for hostile work environment claims under Title VII of the Civil Rights Act.(11) Furthermore, the bill requires employees to notify their employers of the abusive conduct.(12) After receiving such notice, employers must eliminate the abusive conduct, and may not retaliate against individuals who participated in the complaint process.(13)

The bill does provide employers with two alternative affirmative defenses. First, an employer may have an affirmative defense against a claim if it can demonstrate that it exercised reasonable care to prevent and promptly correct the abusive conduct and the employee unreasonably failed to take advantage of the appropriate preventative or corrective opportunities that it provided.(14) This defense is not available if the abusive conduct culminated in an adverse employment decision with respect to the complaining employee (e.g., termination or demotion); however, the employer can assert an alternative defense that any such decision was consistent with the employer’s legitimate business interests.(15)

The remedies available under the bill include reinstatement, removal of the offending party from the complainant’s work environment, reimbursement for lost wages and medical expenses, compensation for emotional distress, punitive damages, and attorney’s fees.(16) However, in cases where there was no adverse employment decision, emotional distress damages are capped at $25,000 and punitive damages are not available.(17) As an additional safeguard against unjust enrichment, the bill precludes employees who have collected Workers’ Compensation benefits for conditions arising out of an abusive work environment from bringing a claim pursuant to the law for the same such conditions.(18)

Sweden’s Ordinance

In 1993, Sweden became the first country in the world to enact specific anti-bullying legislation. The Ordinance on Victimization at Work,(19) enacted as part of Sweden’s occupational safety and health laws, offers protection against “victimization,” which it defines as “recurrent reprehensible or distinctly negative actions which are directed against individual employees in an offensive manner and can result in those employees being placed outside the workplace community.”(20)

Unlike New York’s proposed law, the ordinance does not provide a private cause of action for aggrieved employees; instead, it imposes administrative obligations upon employers to prevent victimization, immediately intervene when such misconduct becomes apparent, and attempt to engage in a collaborative process to resolve conflicts.(21) Employers who fail to comply with these obligations may be fined and/or imprisoned for up to one year.(22)

United Kingdom Act

Like the United States, the United Kingdom has not enacted legislation specifically to combat workplace bullying. However, British courts have interpreted an existing anti-stalking law, the Protection from Harassment Act (23) (PHA), as providing redress for victims of workplace bullying.(24) The PHA prohibits individuals from pursuing a course of conduct that either amounts to harassment, or that they should know amounts to harassment.(25)

Courts have interpreted the statute’s vague definition of “harassment” as conduct: (i) occurring on at least two occasions, (ii) targeted at the claimant, (iii) calculated in an objective sense to cause distress, and (iv) that is objectively judged to be oppressive and unreasonable.(26) However, even if the complained of conduct constitutes harassment under this objective test, vicarious liability for the conduct is not automatic; employer liability must be “just and reasonable in the circumstances.”(27) Whether or not an employer has implemented a harassment policy and procedures is one factor courts may consider in determining whether the imposition of vicarious liability is reasonable.(28) This judicial consideration is similar to the first affirmative defense under New York’s proposed law, which is available to employers that take measures to prevent and promptly correct abusive conduct.

There also is a statutory affirmative defense similar to the “legitimate business interests” defense provided in the New York bill, which is available to defendants who can show that the complained of conduct was: (i) pursued to prevent or detect a crime; (ii) legally required; or (iii) reasonable under the circumstances.(29) The PHA provides for remedies similar to those available under the New York bill, including injunctive relief and compensatory and emotional distress damages.(30) Unlike the New York bill, however, there is no cap on the damages that courts may award aggrieved employees. Significantly, a court recently awarded a victim of workplace bullying a record-setting $1.6 million in damages under the PHA.(31)

France’s Law

In 2002, France enacted the Social Modernization Law, which introduced provisions to the French Labor Code that provide civil and criminal penalties for “moral” harassment.(32) The law sets a higher standard for actionable conduct than New York’s proposed legislation does by expressly providing that a single act, regardless of its severity, is not enough to constitute moral harassment.(33) Furthermore, the conduct must have the purpose or effect of degrading the employee’s right to dignity, affecting the employee’s mental or physical health, or compromising the employee’s career.(34) The law places an affirmative obligation on employers to take all necessary actions to prevent moral harassment,(35) and prohibits them from retaliating against employees who report moral harassment or who refuse to be victims of moral harassment.(36)

Labor tribunals have construed the Social Modernization Law as holding employers strictly liable for actionable conduct, even if they implemented measures to prevent moral harassment.(37) Thus, unlike New York’s proposed legislation, there are no affirmative defenses available to employers. The law also provides for the automatic nullification of any employment contract termination resulting from moral harassment.(38) Additionally, labor tribunals have ordered employers to pay damages for breach or “disloyal non-performance” of an employment contract based upon a failure to prevent moral harassment.(39)

Steps Employers Should Take

The practical implications of the global trend aimed at combating workplace bullying are very concerning for both U.S. and multinational employers. To safeguard against litigation and liability for potentially large damage awards, employers should consider taking the following steps:

• Broaden workplace policies to prohibit abusive conduct and retaliation against any employee raising a complaint.

• Include a requirement that employees report abusive conduct, and provide a specific and clear procedure that offers employees multiple avenues to complain about abuse.

• Train all managers on how to handle reports of abusive conduct, and the consequences of retaliation.

• Take immediate and effective action to rectify all retaliation complaints.

• Continually review and, if necessary, revise employment policies to ensure compliance with applicable workplace bullying laws and regulations.

###

Erika C. Collins is a partner at Paul Hastings in New York where she chairs the international employment law practice group. Mina Maisami, an associate with the firm, and Shaira Nanwani, a summer associate with the firm, assisted in writing and editing this article.

Endnotes:

1. Under Title VII of the Civil Rights Act of 1964, race, color, religion, sex, and national origin are protected categories. The Age Discrimination in Employment Act protects workers who are 40 and older from discrimination, and the American with Disabilities Act protects disabled workers. Under the Genetic Information Predisposition Act of 2008, employers are prohibited from using information regarding someone’s genetic predisposition to disease in making employment decisions. Veteran status is also a protected category under the Vietnam Era Veterans Readjustment Assistance Act. Finally, many states also include sexual orientation as a protected category.

2. Results of the 2010 WBI U.S. Workplace Bullying Survey, WORKPLACE BULLYING INSTITUTE, http://www.workplacebullying.org/wbiresearch/2010-wbi-national-survey/ (last visited July 25, 2011).

3. S. 4258, 2011-2012 Reg. Sess. (NY); A. 4258. 2011-2012 Reg. Sess. (NY) See “History of the Healthy Workplace Campaign, HEALTHY WORKPLACE BILL, http://www.healthyworkplacebill.org/states.php (Oct. 4, 2011).

4. See Katherine Lippel, “The Law of Workplace Bullying: An International Overview,” 32 COMP. LAB. L. & POL’Y J. 1, 1 (2010); Jessica A. Clarke, “Beyond Equality? Against the Universal Turn in Workplace Protections,” 89 IND. L.J. 1219, 1259 (2011).

5. Sen. 1823 B, 2010 Sess. (N.Y. 2010).

6. Assemb. 4258, 2011 Sess. (N.Y. 2011); Sen. 4289, 2011 Sess. (N.Y. 2011).

7. See Tina Susman, “State Bills Against Workplace Bullying Gain Traction,” L.A. Times, March 18, 2011.

8. Sen. 4289 §761, 2011 Sess. (N.Y. 2011).

9. Id. (providing the following examples of abusive conduct: “repeated infliction of verbal abuse, such as the use of derogatory remarks, insults and epithets; verbal or physical conduct that a reasonable person would find threatening, intimidating or humiliating; or the gratuitous sabotage or undermining of an employee’s work performance”).

10. Id.

11. See David C. Yamada, “Workplace Bullying and American Employment Law: A Ten-Year Progress Report and Assessment,” 32 COMP. LAB. L. & POL’Y J. 251, 262 (2010) (describing the domestic interdisciplinary coverage of and responses to workplace bullying and discussing decision of the HWB author to base the standard on that of hostile work environment claims).

12. Sen. 4289 §761, 2011 Sess. (N.Y. 2011).

13. Id.

14. Id. §764. This affirmative defense is similar to the Title VII affirmative defense created by the Supreme Court in Burlington Indus. Inc. v. Ellerth, 524 U.S. 742 (2008) and Faragher v. Boca Raton, 524 U.S. 775 (1998).

15. Id. (providing the following examples of legitimate business interests: “termination or demotion based on the plaintiff’s poor performance,” or a “reasonable investigation of potentially dangerous, illegal or unethical activity”).

16. Id. §766.

17. Id. See also Yamada, supra note 2, at 265 (stating that this safeguard “has the effect of discouraging extensive litigation and promoting quick resolution”).

18. Sen. 4289 §769, 2011 Sess. (N.Y. 2011).

19. SWEDISH NATIONAL BOARD OF OCCUPATIONAL SAFETY AND HEALTH, VICTIMIZATION AT WORK, ORDINANCE (Arbetsmiljoverket [AFS] 1993-17) (Swed.).

20. Id. §1.

21. Id. §§4-6. The accompanying guidelines suggest that management set standards for good behavior by example and clearly communicate to employees that victimization in the workplace is unacceptable.

22. See Frank Lorho & Ulrich Hilp, Bullying at Work 15-23 (European Parliament Directorate-Gen. for Research, Working Paper SOCI 108 EN, 2001), available at http://www.europarl.europa.eu/workingpapers/soci/pdf/108 en.pdf; Helge Hoel & Stale Einarsen, “The Swedish Ordinance Against Victimization at Work: A Critical Assessment,” 32 COMP. LAB. L. & POL’Y J. 225, 240 (2011).

23. Protection from Harassment Act, 1997, c. 40, §1 (Eng.).

24. See Majrowski v. Guy’s & St. Thomas’s NHS Trust, [2005] EWCA (Civ) 251, ¶56 (Court of Appeal); Green v. DB Group Servs. (U.K.) Ltd., [2006] EWHC 1898 (Q.B.).

25. Protection from Harassment Act, 1997, c. 40, §1 (Eng.).

26. See Susan Harthill, “Bullying in the Workplace: Lessons From the United Kingdom,” 17 MINN. J. INTL L. 247, 285 (2008) (citing Green, [2006] EWHC 1898, ¶ 152).

27. Majrowski, [2005] EWCA (Civ) 251, ¶57.

28. Id. ¶59.

29. PHA §1(3).

30. Id. §3(2).

31. Green, [2006] EWHC 1898 (Q.B.).

32. C. TRAV. art. L. 122-49.

33. Id.

34. Id.

35. Id. art. L. 122-51. One measure that employers must take is preparing a written document displaying workplace rules, which includes a provision prohibiting moral harassment. Id. art. L. 122-34.

36. Id. art. L. 122-49.

37. See Loic Lerouge, “Moral Harassment in the Workplace: French Law and the European Perspectives,” 32 COMP. LAB. L. & POL’Y J. 109, 122-27 (2010) (analyzing moral harassment cases before French Labor Tribunals).

38. C. TRAV. art. L. 122-49.

39. Lerouge, supra note 31, at 123.

Have a listen to Lynne Munday’s interview.

Rep. Kelda Roys

Contact Rep. Roys, Wisconsin Assembly (608) 266-5340.

• California

  The following provinces in California have signed Proclamations for Freedom Week:

  • South Lake Tahoe
  • Beverly Hills
  • Torrance
  • Carson
  • Placerville
  • Burbank
  • El Dorado County

• Connecticut

  Oct. 17, 10 am at Torrington City Hall, Mayor Ryan Bingham will proclaim Freedom From Workplace Bullies Week.

  October 18: Speaker Karen Sumberg, DIRECTOR of the Center for Work-Life Policy, NEW YORK and author of a study on Gays In the Closet at Work. FOUNDERS HALL. 4:30 pm-6:00 pm.

  October 20: “Is Connecticut Ready for Healthy Workplaces?: A Forum on Law, Psychology, and Society’s Response to Abusive Conduct in the Workplace.” Speakers include Tom Witt of New York Health Workplace Advocates, and Vicki J. Magley, Ph.D. Department of Psychology-University of Connecticut. Diloreto 001, 6:30-8:30 pm.

The following Connecticut cities have signed Proclamations for Freedom Week:

• New London
• Newton
• Bethel
• Milford
• Torrington
• East Haven

As well as Central Connecticut State University!

• Massachusetts

  The Massachusetts HWB Coordinators are introducing new ways to get involved, including our all-new Street Teams, where you can help spread the word at other organizations’ meetings, 5ks, parades, and more.

  Get all the details at the MA Healthy Workplace Bill website.

• Ohio

  Dominic Mucci Mayor of Steubenville, Ohio supporting Freedom Week

• Texas

  Mayor Chuck McClanahan of Corsicana, and Mayor John Cook of El Paso have both issued a proclamation declaring the third week of each October as Freedom From Bullies Week. This is the second year in a row that Mayor John Cook has issued the proclamation!

  The Mayor of Round Rock has promised to issue a proclamation for that city

So far, the following Texas cities are issuing Proclamations for Freedom Week:

• El Paso
• Corsicana
• Longview
• Killeen
• San Antonio
• Galveston
• San Marcos
• Santa Fe

• Virginia

  The following Virginia cities have signed Proclamations for Freedom Week:

  • Portsmouth
  • Norfolk
  • Newport News

• West Virginia

  A lunchtime power point presentation “Workplace Bullying” by Staff Council member and West Virginia Healthy Workplace Bill State Coordinator Lana Cooke will be given from noon to 1 p.m. on the following dates:

  • Oct. 17, 401 Marina Tower Conference Room
  • Oct., 19, Coliseum Jerry West Lounge
  • Oct. 20, 1 Waterfront Place Visitor’s Center/Theater 1st floor

  West Virginia University Classified Staff are encouraged to attend one of the presentations.

  George Kondic Mayor of Weirton is supporting Freedom from Workplace Bullying Week! So is Jim Manilla, Mayor of Morgantown!

  Lana Cooke is also giving a presentation to the WVCUPA-HR Board at the fall WVCUPA-HR Conference, October 18th at the Stonewall Resort Conference Center

Wisconsin

The city of Lacrosse has proclaimed October 16-22 Freedom from Workplace Bullies Week.

]]> http://healthyworkplacebill.org/blog/freedom-from-workplace-bullies-week-2011/feed/ 0 http://healthyworkplacebill.org/blog/bill-would-protect-workers-from-bullies/ http://healthyworkplacebill.org/blog/bill-would-protect-workers-from-bullies/#comments Fri, 14 Oct 2011 17:42:05 +0000 admin http://healthyworkplacebill.org/blog/?p=260 By Linda Harris
Herald Star
October 14, 2011

STEUBENVILLE – A Steubenville man is hoping to build grassroots support for an initiative that would curb workplace bullying.

John Smurda, state coordinator for the Ohio Healthy Workplace Bill, said the protections built into the proposed legislation are long overdue.

“We’re light years behind other countries,” he said. “Australia, the U.K. they’re way ahead.”

Workplace bullying is defined as “repeated, health-harming abusive conduct” by bosses, co-workers or both. It can take the form of verbal abuse, threatening conduct, intimidation and humiliation as well as deliberately stabling someone else’s job performance, all of which can lead to to stress-related health damage, emotional injuries and career harm.

According to the U.S. Workplace Bullying Institute, 35 percent of the American work force an estimated 53.3 million people have reported being bullied at work, while another 15 percent say they’ve witnessed a bullying incident. The institute says another 50 percent say they’ve never experienced or witnessed bullying.

Other sources put the percentage of bullied workers closer to 70 percent.

And while 21 states are considering bullying legislation West Virginia is on the list, Ohio and Pennsylvania are not none have adopted it. So far, Smurda said they haven’t found a lawmaker to sponsor the legislation in Ohio.

“They call it the ‘black plague’ of this century,” Smurda said. “It causes a lot of mental health issues a lot of suicides are attributed to bullying and a lot of unions are adopting preventive measures for workplace bullying. The big thing is employers, even though they have a policy in place for harassment, they don’t know quite how to deal with a person dealing with harassment. What we’re trying to promote is if you see bullying going on, speak up.”

Among other things, the proposed legislation would ensure employers understand what constitutes an abusive work environment as well as how they can correct it, and gives victims an avenue to sue their tormentors as an individual while holding employers accountable.

Smurda also said Freedom From Workplace Bullies Week, which is Sunday through Oct. 22, is a chance to get word out that victims don’t have to be silent, witnesses can speak up and employers can correct and prevent the problem.

“What bullying really is is psychological violence,” he said. “It’s health harming, and employers need to realize … how much the sick days and hospital cost.”

]]> http://healthyworkplacebill.org/blog/bill-would-protect-workers-from-bullies/feed/ 0 http://healthyworkplacebill.org/blog/bullying-at-work-now-illegal-in-20-states-declares-msnbc-not/ http://healthyworkplacebill.org/blog/bullying-at-work-now-illegal-in-20-states-declares-msnbc-not/#comments Wed, 07 Sep 2011 20:59:02 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=255 The campaign to enact anti-bullying Healthy Workplace laws got a boost from a Jacksonville TV station and MSNBC! According to both, 20 states have passed our law!!!! Oops. Seems news staff cannot tell the difference between introducing a bill and passing a law. Consulting state legislature websites can clarify the process. Or the lazy reporters could actually READ the information at this site! Modern journalism — source-free reporting.

Turns out that 21, not 20, states have introduced our bill. None have passed it yet into state law anywhere. Thanks for expediting the process. Maybe MSNBC can share their “facts” with the lawmakers reluctant to enact the laws. The U.S. national disgrace continues as we lag behind western industrialized nations to deal with employee health-harming abusive conduct in the workplace.

American employers don’t want bullying to end, and it won’t until they are either ready (not in the near future) or are pushed by state laws (more likely in the near future). If they want to stop bullying tomorrow, it would stop, having lost its value to executives and owners.

]]> http://healthyworkplacebill.org/blog/bullying-at-work-now-illegal-in-20-states-declares-msnbc-not/feed/ 0 http://healthyworkplacebill.org/blog/250/ http://healthyworkplacebill.org/blog/250/#comments Wed, 13 Jul 2011 14:34:31 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=250 Thursday July 14 10 am. Public Hearing for Massachusetts anti-bullying Healthy Workplace Bills: Gardner Auditorium, State Capitol. Joint Committee on Labor and Workforce Development, Chair by Coakley-Rivera and Wolf. Attend. Show your support. Write to the legislators if you cannot attend. Use our E-Z emailer system on the Mass State Page.

]]> http://healthyworkplacebill.org/blog/250/feed/ 0 http://healthyworkplacebill.org/blog/ny-press/ http://healthyworkplacebill.org/blog/ny-press/#comments Tue, 03 May 2011 20:41:40 +0000 admin http://healthyworkplacebill.org/blog/?p=248

]]> http://healthyworkplacebill.org/blog/ny-press/feed/ 1 http://healthyworkplacebill.org/blog/mn-21/ http://healthyworkplacebill.org/blog/mn-21/#comments Mon, 02 May 2011 19:36:07 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=244 Thanks to Minnesota State Senator Ron Latz, the number of states to have introduced the anti-bullying Healthy Workplace Bill in the U.S. since 2003 climbs to 21!  SF 1352 was introduced on May 2, 2011 and joins 14 other bills in 10 other states with legislation current this session. Visit the MN State Page to lend your support by thanking the sponsors and encouraging the committee chair to schedule a public hearing.

]]> http://healthyworkplacebill.org/blog/mn-21/feed/ 0 http://healthyworkplacebill.org/blog/esque/ http://healthyworkplacebill.org/blog/esque/#comments Tue, 12 Apr 2011 17:10:58 +0000 admin http://healthyworkplacebill.org/blog/?p=242 Esque Walker, April 11, 2011

On March 24, in the wee hours of the morning, eight women from the grass roots organization Texas Healthy Workplace Advocates gathered on the north steps of the state capitol in Austin waiting for the doors to open.

The women arrived armed and ready to meet with lawmakers in several political districts across the state of Texas. The women had traveled from Alvarado, Corsicana, Dallas, Fort Worth, Graham, and Houston to speak to lawmakers about the prevalence and the devastating consequences of workplace bullying. The group was there to shop a bill for the next legislative session the Healthy Workplace Bill; we need this bill in Texas. The group presented accounts of their bullying experiences to lawmakers.

There has been an increase in the number of complaints of workplace bullying in Abilene, El Paso, Houston, and in Dallas and Tarrant Counties. People in Texas are suffering because of abusive work environments. Until there are laws we will continue to be plagued with this problem.

One member in the group stated, “I don’t want to die! But I can no longer afford to live because of workplace bullying.” The stories shared with representatives were powerful, touching, and captured the essence of the problem. We just went in and did what needed to be done; we told the truth about what has happened to us and other members of the group. Please do not be fooled by the appearance and the size of the group, there are a number of men in the group that are targets of workplace bullying and there are a number of members throughout the state of Texas.

Overall there is disbelief that this is happening in Texas, shock about the number of targets in Texas, and this behavior is not within the legal statutes. In one of the representative’s office, they couldn’t believe that workplace bullying is happening in Abilene. “It is a Christian community” is the belief there — I explained to the aide there is nothing Christian about workplace bullying. I felt sorry for the guy. He said he had grown up in Abilene and he couldn’t believe that a “Christian community” such as Abilene would allow this to happen; he was devastated.

I presented a profile of the Texas cities by ZIP code that have the highest concentrations of targets; the list showed only 171 targets in the cities of Abilene, Austin, Conroe, Corpus Christi, Dallas, El Paso, Fort Worth, Garland, Houston, Irving, Killeen, Midland, Round Rock, San Antonio, Temple and Waco.

Texas lawmakers have been slow to focus on workplace bullying and the devastation it is causing, however, I believe a small victory was won last October when Mayor John Cook and the city council in El Paso took an initiative to recognize bullying as an adult issue by issuing a proclamation declaring the third week of October “Freedom from Bullies week” in El Paso. This is the first official elected to an office to show interest in the well-being of the people he serves.

Workplace bullying is defined as repeated, health-harming mistreatment of one or more people by one or more perpetrators that takes one or more of the following forms: verbal abuse, offensive conduct/behaviors which are threatening, humiliating, or intimidating and work interference sabotage.

Additionally, workplace bullying is violence — it is emotional and psychological destruction of an individual for the satisfaction of another.
This issue needs immediate attention. Not only does the behavior impact the targets, their families, and the organizations; society as a whole is impacted through social welfare programs that targets forced from the workplace must depend on for survival.

If bullying could be stopped and money once used to support targets on social welfare programs, Texas politicians would be able to balance the budget and have money left over for other things.

Esque Walker is the Texas Coordinator for Texas Healthy Workplace Advocates.

]]> http://healthyworkplacebill.org/blog/esque/feed/ 0 http://healthyworkplacebill.org/blog/la-times/ http://healthyworkplacebill.org/blog/la-times/#comments Mon, 21 Mar 2011 15:56:25 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=240 By Tina Susman, Los Angeles Times, March 18, 2011

Proponents say workplace bullying is widespread and procedures for dealing with it are ineffective. They back a model called the ‘Healthy Workplace Bill.’

Reporting from Annapolis, Md.

Kathie Gant knew the relationship with her new boss was bad, but she didn’t know how bad until the woman, a Maryland attorney, hurled a bundle of pencils at Gant, her administrative assistant. “You just don’t sharpen my pencils for me!” the boss raged, punctuating each word with exaggerated enunciation and the zing of a pencil across the office toward Gant.

Months later, Gant was in a storage closet in the courthouse where she worked when the lights were shut off. “I turned toward the door and she was standing there,” Gant said of the supervisor. “I tried to say ‘Hey, I’m in here!’ ” Her boss stared back, shut the door, and locked it from the outside, trapping Gant in the pitch-black space.

After months of taunts and needling by her boss, Gant said she ended up on a psychiatrist’s couch and nearly in a psych ward.

With a quavering voice and tearful demeanor, Gant testified about her job situation during a legislative hearing this month at the state Capitol as Maryland became one of the latest states to consider legislation against workplace bullying. She recounted some details later in an interview.

Progress has been slow since California in 2003 became the first state to introduce a “Healthy Workplace Bill,” which would give employees legal protection against those they say torment them at work (The measure died in committee). Since then, 19 other states have proposed similar legislation, though none has passed it into law.

David C. Yamada, a law professor at Suffolk University Law School in Boston and the author of the Healthy Workplace Bill, said laws protect workers from abuse only on the basis of such things as race or religion. Employees who do not fall into a protected category have no legal means of fighting bullying.

Opponents of legislation say employees already are protected by anti-discrimination laws and workplace rules against abusive behavior. They also say that human resources departments exist to help employees deal with workplace problems.

If all else fails, bullied workers can bypass their bosses and seek help from higher-ranking supervisors, said Champe McCulloch, president of the Maryland Assn. of General Contractors and a former human resources director at Verizon.

”There’s always an internal appeals process,” said McCulloch, one of three lobbyists to speak against the bill on March 3 when it was introduced to the state Senate’s finance committee. “At some point, the employee has to screw his or her courage to the sticking post and keep escalating the complaint up the management chain. I assure you … at the senior management ranks, somebody is going to take action.”

But proponents say that alleged bullying that may have led to highly publicized suicides last year — including that of a 52-year-old magazine editor who accused his boss of abusive behavior, and a 15-year-old schoolgirl who was taunted by classmates — have focused attention on the problem and galvanized efforts to pass legislation. So, too, has workers’ frustration over several states’ efforts to follow Wisconsin in curtailing the power of unions representing public employees.

While the suicide of Phoebe Prince, the Massachusetts girl, shed light on school bullying, Gary Namie of the Workplace Bullying Institute in Bellingham, Wash., said it underscored the need for legislation at all levels.

”

If it is not stopped at childhood, it clearly progresses into adulthood,” Namie said, citing a 2010 study by the bullying institute and the Zogby International polling company that indicated 35% of adults in the United States had been bullied at work. An additional 15% said they had witnessed workplace bullying. According to the survey, most bullies are men and most victims are women, but both sexes report being bullied by male and female bosses, and women are more likely to seek help from human resources.

“This year it’s an especially uphill struggle,” Namie said of workplace bullying legislation, citing “attacks on workers in general” in Wisconsin and other states proposing new limits on labor unions.

But Namie said he believes New York, where the state Senate passed a bill last year, is likely to get it signed into law in 2011.

“If New York becomes the first to pass it, that’s a bellwether state, so others would follow,” said Namie, a social psychologist who founded the institute 14 years ago with his wife, Ruth, after she experienced on-the-job bullying.

The Healthy Workplace Bill, used to guide individual states’ proposed legislation, forbids a health-harming “abusive work environment” and requires medical documentation to prove worker claims of bullying.

Proponents of anti-bullying bills say this is among the measures that would prevent a flood of lawsuits by disgruntled employees.

Yamada, the Healthy Workplace Bill author, said workers face the challenge of trying to prove bullying, which generally falls short of physical assault and is Machiavellian and difficult to identify. “I liken our understanding of workplace bullying to where we were with sexual harassment three decades ago,” Yamada said. “A lot of people have had to deal with this for years but didn’t know what to call it.”

Bill backers say internal appeals processes often fall short, citing the case of Kevin Morrissey, who was managing editor of the Virginia Quarterly Review magazine. Morrissey shot himself to death last June after relatives and friends said his — and others’ — repeated complaints about a bullying boss were ignored. The University of Virginia, which publishes the magazine, said it had handled the complaints properly and that the manager could not be blamed for Morrissey’s death.

The recession has made it easier for bullies to carry on because jobs are scarce and employees are reluctant to quit or to speak up and be seen as troublemakers, bill proponents say.

Gant, who worked in a county courthouse, said that after a few months a new boss openly called her “stupid,” humiliated her at meetings, and sent out office e-mails that belittled her work.

Gant is still at a loss to explain the behavior. Because much of the abuse was unseen by others — the pencil-throwing, the locking of the closet, the snide comments — it was difficult to make others realize how bad it was, she said.

“She was an attorney. I never felt she’d go that far,” said Gant, who was haunted by the experience long after the woman’s departure. One day, the woman returned to the office for a brief visit. Gant hid in an office until she was gone.

Gant remained on the job a few more months but has since taken another job that she enjoys. She said she also went back to school to study for a doctorate and bolster her self-confidence, “so if I ever see her again, I’ll be ready.”

###

tina.susman@latimes.com

]]> http://healthyworkplacebill.org/blog/la-times/feed/ 0 http://healthyworkplacebill.org/blog/hb942-2/ http://healthyworkplacebill.org/blog/hb942-2/#comments Mon, 14 Mar 2011 20:07:17 +0000 admin http://healthyworkplacebill.org/blog/?p=229 The Labor Committee will hear testimony for HB 942 on March 16, in room 114 of the Capitol Building. Come show your support! The hearing starts at 1pm. Use the E-Z mailer to appeal to the Committee members.

]]> http://healthyworkplacebill.org/blog/hb942-2/feed/ 0 http://healthyworkplacebill.org/blog/allwine/ http://healthyworkplacebill.org/blog/allwine/#comments Sat, 12 Mar 2011 23:02:57 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=224 Legislation has been introduced in the Maryland General Assembly this year that would make bullying in the workplace illegal and provide remedies for targeted workers who endure systematic abuse at work.  SB 600, introduced by Sen. Jamie Raskin, was heard in the Senate Finance Committee March 3rd.

Supporters of this bill, who provided gut-wrenching testimony about the torment inflicted on them by bullies at their workplaces, are hopeful the bill will be reported favorably out of committee so this issue can finally be given the widespread attention it deserves. Maryland is the 20th state to introduce this much needed and long-overdue legislation.

You may not think workplace bullying is serious or very widespread, but nothing could be further from the truth. As the Maryland state coordinator for the Healthy Workplace Legislative Campaign, I have heard from 2-5 Marylanders a week for over a year, people being bullied at work and desperate enough to be looking on the internet for help. Here are links to the definitive websites for workplace bullying and the legislative campaign:  http://www.workplacebullying.org and http://www.healthyworkplacebill.org.

Schoolyard bullies grow up to be workplace bullies. Think back and remember, as I’m sure many of you can, when you were bullied. Do you ever wonder what happened to your tormenter?

Children who bully other children don’t just one day stop being bullies. As bullies get older, the damage they inflict on their school mates is redirected to their co-workers, with catastrophic, life-altering horrendous consequences, including physical and mental illness brought on by extreme stress, loss of income and medical insurance from being fired or quitting in despair and, yes, suicide.  35% of the US workforce (around 53.5 million Americans) report being bullied at work. Bullying in the workplace is a silent epidemic. For businesses, the loss of worker productivity and time can be measured in lost profits, high turnover and repeated new hire training. SB 600 is a win for employers because there is no liability for employers who implement and follow internal procedures to address bullying. Additionally, bullying is clearly defined as a systematic pattern of abuse, not the normal occasional problems one employee may experience with another. Currently, the only abuse that is legally actionable is abuse that falls under the Title VII categories, such as race, gender, religion, etc. Most workers who are bullied to not fall into any of these federally protected classes and are without any legal protection or recourse whatsoever.

I do not use the term “torture” lightly. Because going into work and being targeted and bullied every day for reasons that have nothing to do with your job performance, personality, attitude or anything else, is something no one should experience. Bullies at work are often the boss or in positions of authority and hold your job, your and your family’s economic security, access to healthcare and ultimately your life in their hands — and they use that knowledge to feed their own pathological behavior. I know because I was targeted and bullied for a year until I was fired when I fought back.

I was bullied at a law firm where I worked. My wonderful husband is a talented, but starving, artist and I am the primary breadwinner and sole medical insurance provider for us. I was desperate to be employed and determined to do whatever I had to do to get on my boss’s good side. Don’t most of us go into new jobs with the desire to do the best we can? I know I did. But, as I learned all too quickly, bullies do not have a good side and my lifetime of lauded job competence, kindness and high ethical standards had nothing to do with whether or not I remained employed.

I was routinely yelled at by this person who denigrated me in front of staff and clients, once for not stapling opened mail properly and another time because I had unknowingly used an unmarked coffee cup that turned out to be the bully’s. Tirades were witnessed by others who tried to intercede on my behalf to no avail. The bully routinely yelled at me in private interactions with me, undermined my work, lied about my work to others and embarked on a campaign to have me fired. My boss withheld information about medical benefits, talked about me to other staff members, often within my earshot, routinely lied about office procedures, so that one day it was one thing and another day it was something else. Each day three others were used who did the same things to me the bully did — they acted as a tag team so that each and every day someone was bullying me. I was targeted and tormented. Even though the attorneys I worked for liked me very much and thought I and my work were great, that did not matter and could not save my job.

During that year I developed sleeping and eating problems, headaches and nausea and sought medical attention. I was an emotional wreck and at times thought I was losing my mind. I fought back against the bully and pleaded with the managing partner to make the behavior stop. But, as usually happens, it was I, the target, who was fired, while nothing was done to stop the bully.

Bullies bully others because of their deep-rooted psychological problems — and, more importantly, because they have never been stopped. And that is why this legislation, which will finally protect those of us who do not fall into any of the federally protected classes, and has been introduced in 20 states, is so desperately needed. If you have been bullied at work or know someone who has or is living with it now, I urge you to contact the members of the Senate Finance Committee to voice your support for SB 600 and contact me through the Healthy Workplace website: Maryland State Page.

Maria Allwine is former Maryland Green Party candidate for Governor 2010, and a peace and justice activist.

Original posting at the Indypendent Reader, Social Justice Media for Baltimore City

]]> http://healthyworkplacebill.org/blog/allwine/feed/ 0 http://healthyworkplacebill.org/blog/hb942/ http://healthyworkplacebill.org/blog/hb942/#comments Fri, 11 Mar 2011 19:28:05 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=204 Rep. Constance Howard teamed with House Speaker Michael Madigan to amend HB 942. The Howard amendment (#1) is identical to the Turner-Washington HB 374 from 2009-10. In other words, the full bill is part of HB 942. Next stop is a public hearing in the House Labor Committee. Visit the Illinois State Page for details about thanking the sponsors and encouraging the Committee chairs to act soon.

]]> http://healthyworkplacebill.org/blog/hb942/feed/ 0 http://healthyworkplacebill.org/blog/essay-by-ma-anti-bullying-bill-sponsor-sen-clark/ http://healthyworkplacebill.org/blog/essay-by-ma-anti-bullying-bill-sponsor-sen-clark/#comments Fri, 11 Mar 2011 19:00:19 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=207

Sen. Katherine Clark

Bullying in the workplace. By Sen. Katherine Clark, Boston Globe, March 8, 2011

Headlines from around the country have brought the issue of abusive work environments also known as workplace bullying to light. The widespread and generally unaddressed problem of workplace bullying is often not understood despite studies that show nearly 40 percent of Massachusetts residents report experiencing some type of workplace bullying at one point in their working careers.

Workplace bullying is defined as repeated health harming mistreatment at a work environment in the form of verbal abuse, offensive and threatening behavior, or work interference and sabotage.  It happens when a bully uses a position of control to harm a coworker or employee.  Dr. Gary Namie states that 72 percent of workplace bullying occurs against a subordinate and 68 percent of the time it involves people of the same gender.

Workplace bullying, abuse, and harassment are four times more prevalent than sexual harassment.  These incidents not only hurt the victim, but can also negatively impact the entire workplace by dividing groups of coworkers, reducing employee productivity and morale, causing higher turnover and absenteeism rates, and increasing medical and workers’ compensation claims.

During this difficult and uncertain economic climate, workplace bullying can be even more dangerous. High unemployment rates make it risky to leave jobs and victims of bullying are many times forced to stay in abusive situations. Single parent workers are particularly vulnerable targets who face significant financial risk if forced to leave a job on which they rely to pay bills. A 1998 study at University of North Carolina demonstrated that out of 775 targets of workplace aggression, 28 percent lost time at work avoiding the situation, 22 percent decreased their effort, and 12 percent changed jobs.

The cost of bullying at a workplace also takes a significant toll on the health of victims.  Consistent bullying has been shown to cause stress disorders, clinical depression, cardiovascular disease, and symptoms of Post Traumatic Stress Disorder.  Many times victims of workplace bullying can also have strained relationships with family and friends as a result of abusive work environments.  These victims deserve to have protections in place to ensure a healthy and safe work environment.

Massachusetts currently has laws on the books to protect against sexual harassment, racial discrimination, and hostile work environments, but to take legal action the victim must be a member of a protected class that includes gender, race, disability, ethnicity, and religion.

I have cosponsored legislation that aims to end widespread workplace bullying. The bill makes it unlawful to subject an employee to an abusive work environment and protects victims of workplace bullying who are not included under the current law. This bill also makes it unlawful to retaliate against an employee who opposes any unlawful employment practice. To be considered actionable, conduct there must be a nexus between the behavior and impairing the worker’s health. The legislation does not incur costs for the state and any legal action is limited to a private action.

Through the Healthy Workplace Campaign, 19 other states have proposed similar bullying legislation. There is a growing recognition of the toll this abusive behavior can have not only on individual workers, but also the entire office. In response to growing awareness of this problem, many employers have begun to change internal policies and goals to address workplace bullying. Both the legislature and business community have an opportunity to be leaders on this important issue and ensure healthy work environments across the state.

###

Be sure to visit the Massachusetts State Page to thank Sen. Clark and to implore committee chairs to schedule a public hearing soon.

]]> http://healthyworkplacebill.org/blog/essay-by-ma-anti-bullying-bill-sponsor-sen-clark/feed/ 0 http://healthyworkplacebill.org/blog/ma-adds-new-senate-healthy-workplace-bill/ http://healthyworkplacebill.org/blog/ma-adds-new-senate-healthy-workplace-bill/#comments Fri, 11 Mar 2011 18:45:12 +0000 admin http://healthyworkplacebill.org/blog/?p=218 Sen. Katherine Clark introduced S 916. It is the companion bill to HB 2310. Visit the MA State Page to thank her and to encourage the committee chairs to schedule a public hearing soon.

]]> http://healthyworkplacebill.org/blog/ma-adds-new-senate-healthy-workplace-bill/feed/ 0 http://healthyworkplacebill.org/blog/psychologist-addresses-our-anti-bullying-legislation/ http://healthyworkplacebill.org/blog/psychologist-addresses-our-anti-bullying-legislation/#comments Fri, 11 Mar 2011 18:33:11 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=206 Should workplace bullying be illegal?  by Ronald Riggio, Psychology Today, March 10, 2011  Read the article

]]> http://healthyworkplacebill.org/blog/psychologist-addresses-our-anti-bullying-legislation/feed/ 0 http://healthyworkplacebill.org/blog/strong-emotional-testimony-for-sb-600-in-maryland/ http://healthyworkplacebill.org/blog/strong-emotional-testimony-for-sb-600-in-maryland/#comments Fri, 04 Mar 2011 15:48:56 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=199 On March 3, several individuals gave testimony in support of SB 600. The audio of that testimony is posted on the MD State Page. Everyone write a note encouraging passage of the bill to the sponsors and the Chair of the committee using our simple E-Z E-mailer. Thank you.

]]> http://healthyworkplacebill.org/blog/strong-emotional-testimony-for-sb-600-in-maryland/feed/ 0 http://healthyworkplacebill.org/blog/massachusetts-begins-2011-campaign-with-new-healthy-workplace-bill/ http://healthyworkplacebill.org/blog/massachusetts-begins-2011-campaign-with-new-healthy-workplace-bill/#comments Tue, 01 Mar 2011 00:21:09 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=196 In the MA House, Rep. Ellen Story introduced HB 2310 for the 2011-12 legislative session. Co-sponsors include Representatives: Peter V. Kocot, Louis L. Kafka, Kay Khan, Alice K. Wolf, Kevin G. Honan, Nick Collins, Denise Andrews, and Benjamin Swan. Watch for the Senate bill to be added soon. Visit the MA State Page for details.

HB 2310 is the 11th bill introduced across 9 states in 2011.

]]> http://healthyworkplacebill.org/blog/massachusetts-begins-2011-campaign-with-new-healthy-workplace-bill/feed/ 0 http://healthyworkplacebill.org/blog/utah-posts-new-bill-for-2011/ http://healthyworkplacebill.org/blog/utah-posts-new-bill-for-2011/#comments Fri, 18 Feb 2011 14:41:57 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=195 Republican Rep. Sandstrom, friend of bullied workers who demonstrates that stopping abuse is a non-partisan fight, introduced a new version of the HWB, HB 292 for 2011-12. Visit the UT State Page for details.

]]> http://healthyworkplacebill.org/blog/utah-posts-new-bill-for-2011/feed/ 0 http://healthyworkplacebill.org/blog/ca-and-tx-coordinators-in-the-media/ http://healthyworkplacebill.org/blog/ca-and-tx-coordinators-in-the-media/#comments Sat, 12 Feb 2011 18:11:14 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=194 • Michelle Smith, CA State Coordinator, Director, California Healthy Workplace Advocates was interviewed on KVPR-FM and wonderfully described workplace bullying. Listen to the audio.

• Esque Walker, TX State Coordinator appeared on KSAT-TV, San Antonio. Watch the You Tube clip.

These are the volunteers changing the social and political landscape in America. You could join them. Ask how.

]]> http://healthyworkplacebill.org/blog/ca-and-tx-coordinators-in-the-media/feed/ 0 http://healthyworkplacebill.org/blog/wa-state-adds-senate-healthy-workplace-bill/ http://healthyworkplacebill.org/blog/wa-state-adds-senate-healthy-workplace-bill/#comments Fri, 11 Feb 2011 16:52:37 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=193 On Fri. Feb. 11, WA Senate bill SB 5789 (companion to HB 1928) was introduced.  Visit the WA State Page.

]]> http://healthyworkplacebill.org/blog/wa-state-adds-senate-healthy-workplace-bill/feed/ 0 http://healthyworkplacebill.org/blog/maryland-introduces-its-first-healthy-workplace-bill/ http://healthyworkplacebill.org/blog/maryland-introduces-its-first-healthy-workplace-bill/#comments Thu, 10 Feb 2011 15:45:17 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=188 Sen. Jamie Raskin introduced SB 600 on Feb. 4 with three co-sponsors. A March 3 public hearing for the bill has been scheduled. Visit the MD State Page to connect with sponsors and the committee chair.

MARYLAND IS THE 20th STATE TO INTRODUCE THE HEALTHY WORKPLACE BILL SINCE 2003.

]]> http://healthyworkplacebill.org/blog/maryland-introduces-its-first-healthy-workplace-bill/feed/ 0 http://healthyworkplacebill.org/blog/west-virginia-and-washington-add-hwbs-for-2011/ http://healthyworkplacebill.org/blog/west-virginia-and-washington-add-hwbs-for-2011/#comments Thu, 10 Feb 2011 00:00:58 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=186 West Virginia HB 3015 with sponsors Longstreth, Caputo, White, Kominar and Martin introduced on Feb. 4.  Go to the WV State page and start writing e-mails thanking sponsors and encouraging the committee chair to schedule a public hearing.

WEST VIRGINIA BECOMES THE 19th STATE TO INTRODUCE THE ANTI-BULLYING HEALTHY WORKPLACE BILL.

Washington state HB 1928 with sponsors Liias, Kenney, Sells, Moscoso, Ormsby, Van De Wege, McCoy, Takko, Cody, Green, Blake, Roberts, Rolfes, Hunt, Moeller introduced on Feb. 9.

]]> http://healthyworkplacebill.org/blog/west-virginia-and-washington-add-hwbs-for-2011/feed/ 0 http://healthyworkplacebill.org/blog/new-york-and-vermont-add-new-2011-hwb-versions/ http://healthyworkplacebill.org/blog/new-york-and-vermont-add-new-2011-hwb-versions/#comments Fri, 04 Feb 2011 00:28:59 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=183 The Healthy Workplace Campaign Coordinators report the newest versions of the anti-bullying HWB for 2011.

New York Assembly bill A 4258 (prime sponsor Englebright) introduced on Feb. 2. A new Senate bill is coming soon. Visit the New York state page

Vermont Senators Cummings, Doyle & Pollina introduced S 52. Visit the VT State page

]]> http://healthyworkplacebill.org/blog/new-york-and-vermont-add-new-2011-hwb-versions/feed/ 0 http://healthyworkplacebill.org/blog/inevitable-that-hwb-will-become-law/ http://healthyworkplacebill.org/blog/inevitable-that-hwb-will-become-law/#comments Fri, 21 Jan 2011 22:56:27 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=177 Office Bully Takes One on the Nose: Developing Law on Workplace Abuse

by Jason Habinsky and Christine M. Fitzgerald, New York Law Journal, Jan. 21, 2011

Quotes from the article we appreciate most:

“with bullying becoming front-page news across the nation, it is just a matter of time before the law adapts”

and

“it seems inevitable that some form of the HWB will become law, whether in New York or elsewhere, and that once the first state adopts an anti-bullying statute others will shortly follow.”

Read the entire original article, including case law examples illustrating how bullying is NOT covered by existing laws! We’ve always told employers this is true, but employers describe themselves as victims. They want no regulations and no legal liability no matter how severely they mistreat workers. Our Healthy Workplace Bill threatens only abusive employers. Good employers have nothing to fear.

]]> http://healthyworkplacebill.org/blog/inevitable-that-hwb-will-become-law/feed/ 0 http://healthyworkplacebill.org/blog/2011-manitoba-anti-bullying-regs-for-employers/ http://healthyworkplacebill.org/blog/2011-manitoba-anti-bullying-regs-for-employers/#comments Fri, 21 Jan 2011 20:47:51 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=180 While we slog through state houses countering disingenuous business lobby arguments as to why there should be no anti-bullying law, our Canadian friends continue to expand their OHS (workplace health and safety) regulations to deal with bullying. Effective Feb. 1, 2011, Manitoba will require (not just encourage) employers to create policies to prevent and correct harassment considered a health hazard.

The new regulation (announced in Bulletin 275 in October, 2010) prohibits two kinds of harassment: (1) “objectionable conduct” that poses a health risk and is based on grounds like all discrimination law (in Manitoba the categories include race, creed, religion, colour, sex, sexual orientation, gender-determined characteristics, marital status, family status, source of income, political belief, political association, political activity, disability, physical size or weight, age, nationality, ancestry or place of origin), and (2) “severe conduct” that adversely affects a worker’s psychological or physical well-being.

Bullying is the second type of prohibited conduct if it could reasonably cause a worker to be humiliated or intimidated and is repeated, or in the case of a single occurrence, has a lasting, harmful effect on a worker.

Employers have to write the policy in collaboration with its health and safety committee (that necessarily includes union representatives) or workers if no committee exists.

Furthermore, a complainant reserves the right to file another complaint with the Human Rights Commission.

Read about the new regulations and download information from the official government site.

]]> http://healthyworkplacebill.org/blog/2011-manitoba-anti-bullying-regs-for-employers/feed/ 0 http://healthyworkplacebill.org/blog/new-jersey-nevada-bills-introduced/ http://healthyworkplacebill.org/blog/new-jersey-nevada-bills-introduced/#comments Wed, 12 Jan 2011 17:08:38 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=176 New Jersey progress in 2011:

Prime sponsor Linda Greenstein, who introduced A673 as a member of the Assembly is now a state Senator for the remainder of the 2–year legislative session that ends in 2011. Sen. Greenstein introduced the HWB as S2515. Therefore, there are companion bills in the NJ State Legislature. It allows supporters to push from both the Assembly and Senate side simultaneously. Having companion bills doubles the chances of having public hearings in one of the assigned committees. Stay tuned. New Jersey residents, go to the NJ State Page for details.

Nevada re-introduces a modified version of the HWB in 2011:

AB90 was introduced by Assemblyman Tick Segerblom. Here is the Las Vegas press coverage of the bill focusing solely on its anti-discrimination features based on height and weight. Bill sponsor Segerblom has chosen to integrate features of the Healthy Workplace Bill into the state’s anti-discrimination statute. The original purpose of the HWB was to extend protections to workers regardless of membership in a protected status class. We think the tack of extending civil rights protections in Nevada is a larger task than passing the stand-alone HWB, but we thank Mr. Segerblom and wish him luck. Nevadans need to contact him to ask how to help. Go to the NV State Page for his contact details.

]]> http://healthyworkplacebill.org/blog/new-jersey-nevada-bills-introduced/feed/ 0 http://healthyworkplacebill.org/blog/states-austerity-should-compel-anti-bullying-law/ http://healthyworkplacebill.org/blog/states-austerity-should-compel-anti-bullying-law/#comments Wed, 12 Jan 2011 16:42:48 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=171 Let’s connect the dots for state agency administrators. Abusive managers are fiscally compromising your agency at a time when it can least afford it. Payouts for legal case settlements (spawned by lawsuits filed or threatened by bullied individuals) should not be considered a routine cost of doing the government’s business. Every agency is looking for ways to cut costs.

What to do: Terminate one or two repeat offenders — your HR or Risk Manager can tell you who they are — and savings will quickly accrue. Since most settlements start in six figures, you will save much more than cuts in position salaries and benefits alone.

What not to do: Slash and burn, break union contracts (how would you like your employment contract to be broken?) and indiscriminately and inefficiently try to save money. Please do not oppose the Healthy Workplace Bill in your state. State agency heads tend to reflexively oppose the bill saying that it will cost the state money (this declaration is attached to the bill in a fiscal impact statement which helps kill the bill during tough economic times). The tautological reasoning is that as an employer, the state, will inevitably be sued under the new law. Really? In the Healthy Workplace Bill we provided an exemption for good employers who take corrective steps to stop bullying when it is reported. The faulty fiscal impact argument posits that (1) state managers cannot manage staff without being abusive, and (2) administrators will either be unable or unwilling to stop their managers when they become aware of the bullying. In other words, mismanagement by state leaders is assumed and the agencies will be sued and cost the state money. Huh?

Additional benefits of stopping the bullying: Productivity of workers who have been waiting for the purge will skyrocket. Morale/engagement of survivors will rise. The agency will endure less absenteeism and presenteeism. It’s your responsibility as stewards of public taxpayers money to use your budget in wise ways.

Finally, dear state agency administrator, our suggestions can make it a humane and healthy workplace again, if you care.

]]> http://healthyworkplacebill.org/blog/states-austerity-should-compel-anti-bullying-law/feed/ 0 http://healthyworkplacebill.org/blog/2011-another-uphill-legislative-year/ http://healthyworkplacebill.org/blog/2011-another-uphill-legislative-year/#comments Wed, 12 Jan 2011 15:52:19 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=169 2010 was a year of tremendous momentum for the Healthy Workplace Campaign. The senate chambers in both Illinois and New York passed versions of the anti-bullying Healthy Workplace Bill. Some new states will be introducing the bill this year. We stand at 18 states having introduced the HWB since 2003. We have State Coordinators in 33 states. If you are interested in becoming a Coordinator, as the lead person or as part of a team of Coordinators, read the description of the volunteer “job.”

What we are hearing from many lawmakers is that their state has a new right-wing governor. So, why bother introducing a bill that will go nowhere? This timid logic is what paralyzed the California legislature during the reign of Arnold S.  Our answer is that it matters to just get the bill on the record so a dialogue can be started.

Also making 2011 a year of greater resistance to our progressive, pro-worker bill are state budget crises, an emboldened Chamber of Commerce committed to burying organized labor, and the pro-business agenda that is uncritically accepted as the only path for legislator success (read re-election). Despair does no good, but realistic expectations are important.

Still there are good legislators out there who “get it” that abusive mistreatment of workers has no place in the American workplace. As repeat states add new bills and first-time introducing states get on the bandwagon, you will read about it here.

Here we go!!

]]> http://healthyworkplacebill.org/blog/2011-another-uphill-legislative-year/feed/ 0 http://healthyworkplacebill.org/blog/healthy-workplace-bill-advocacy-after-the-midterm-elections/ http://healthyworkplacebill.org/blog/healthy-workplace-bill-advocacy-after-the-midterm-elections/#comments Fri, 05 Nov 2010 21:43:02 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=164 Now for Something Completely Different …

We proudly advocate for the introduction and enactment of the anti-bullying Healthy Workplace Bill without giving one cent from our organization to any politician. That’s different. Our bill is moral and right. We expect legislators to support the HWB because it is the right thing to do for the constituents they represent, the vast majority of whom are working people, not persons of the corporate variety (as currently defined by the Citizens United Supreme Court decision).

This principle of not bribing a politician for support, in defiance of the quid pro quo tradition, is a defining feature of the Healthy Workplace Campaign. Notice how markedly different is our Campaign from the midterm 2010 elections in which the naked spending of corporate money produced results. We advocates ask all legislators to sponsor the bill without the expectation of funds from us. Do it because no member of your family or anyone you know ever deserves to be abused at work.

Another proud aspect of the Campaign is volunteerism. We began in 2001 with David Yamada’s creation of the HWB text and taking the bill to the California capitol. The original lobbyists were Gary and Ruth Namie, Carrie Clark and Moe Tyler. Since then, everyone in the State Coordinator network (with over 30 states represented) volunteers her or his time while maintaining full lives outside of the part-year citizen lobbying for HWB.

Workplace bullying is a women’s issue, a labor issue, an employee health and safety concern, a source of trauma, another form of abuse, and a source of several occupational stress-related diseases. We ask fellow advocacy groups to endorse the bill when it complements their human rights-related agenda. It is domestic violence where the abuser is on the payroll. So, if you are a member of an advocacy group working on any of these societal problems, let us work together.

Finally, we ask ordinary citizens of all political stripes who have been bullied at work to exercise some old-fashioned civic action to help us pressure elected officials when a Coordinator asks you to telephone, write, e-mail and testify to help. Your bullying experience may have passed, but we need you to help it end for others.

On the eve of the 2011 Campaign, I just wanted to remind you all of how defiantly different we are. We expect 2011 to be a notable year! Watch this website for the latest progress in each state.

Gary Namie, PhD
Director, Healthy Workplace Campaign
360-656-6630

]]> http://healthyworkplacebill.org/blog/healthy-workplace-bill-advocacy-after-the-midterm-elections/feed/ 0 http://healthyworkplacebill.org/blog/chamber-of-commerce-perennial-hwb-foe-is-true-u-s-job-killer/ http://healthyworkplacebill.org/blog/chamber-of-commerce-perennial-hwb-foe-is-true-u-s-job-killer/#comments Mon, 18 Oct 2010 13:42:52 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=163 In every state where the Healthy Workplace Bill has been introduced, the state Chamber of Commerce leads the opposition. Our pro-employer and pro-employee health bill is branded a “job killer.” Whining NYC Mayor Bloomberg falsely claimed that if the anti-abuse at work bill passed, NY State employers would flee and take their jobs with them! That’s Chamber logic.

Just like HR helps management accomplish its goals within organizations, the U.S. Chamber advances the interests of its members that seek ever-cheaper labor in other countries. The member businesses are the actual JOB KILLERS. Not us. We want to help Americans keep jobs here and be able to work without fear of being injured by abusive jerks.

Visit msnbc.com for breaking news, world news, and news about the economy

Recently the truth about the Chamber’s goals (working to elect Republicans to office so the big business agenda can continue unabated) and its international funding have been made public. The Chamber audaciously has shown what the Jan. 2010 Citizens United Supreme Court decision can do to the election process. They brazenly, more than ever, are buying the candidates they want.

Please remember this when in 2011 you will read at this site how the Chamber works to undermine the nearly dozen bills we expect to be active in 2011.

Get involved. Fight the business lobby that hates American workers despite what they say. Watch what they DO.

]]> http://healthyworkplacebill.org/blog/chamber-of-commerce-perennial-hwb-foe-is-true-u-s-job-killer/feed/ 0 http://healthyworkplacebill.org/blog/u-s-senator-to-propose-federal-anti-bullying-legislation/ http://healthyworkplacebill.org/blog/u-s-senator-to-propose-federal-anti-bullying-legislation/#comments Fri, 08 Oct 2010 19:35:17 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=161 U.S. Senator Frank Lautenberg (D-NJ) said on Wed. Oct. 6 that he would introduce federal legislation requiring colleges and universities to adopt policies or codes of conduct that prohibit bullying and harassment in the wake of the suicide of a Rutgers University student, freshman Tyler Clementi, whose gay sexual encounter in his dorm room was streamed online by his roomate, Dharun Ravi and Molly Wei. We await news of this legislation and ask that the Senator adopt the spirit and language of the Healthy Workplace Bill that has been introduced widely in states throughout the U.S. READ THE SENATOR’S ANNOUNCEMENT

]]> http://healthyworkplacebill.org/blog/u-s-senator-to-propose-federal-anti-bullying-legislation/feed/ 0 http://healthyworkplacebill.org/blog/national-survey-finds-support-for-workplace-bullying-law/ http://healthyworkplacebill.org/blog/national-survey-finds-support-for-workplace-bullying-law/#comments Tue, 07 Sep 2010 13:58:01 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=159 Labor Day 2010 research findings from the Workplace Bullying Institute national scientific survey shows support for the Healthy Workplace Bill.

The question asked: “Do you support or oppose enactment of workplace bullying laws that would protect all workers from what can be considered malicious, health-harming abusive conduct committed by bosses and co-workers?” This is the language of the HWB. Here are the results for the entire national sample as well as by political ideology and race.

	YES = all support	Strongly Support	Somewhat Support	Not Sure/ No Opinion	Somewhat Oppose	Strongly Oppose
National sample	64.2%	37.5%	26.7%	12%	10.8%	13%
Liberals	89.5	62	27.5	4.3	2.4	3.8
Moderates	77.8	48.2	29.6	10.5	7.5	4.2
Conservatives	47.1	20.5	26.6	13.6	16.9	22.5
African-Americans	73.2	54.8	18.4	12.9	5.1	8.8
Hispanics	65.9	40.9	25	5.7	11.2	17.2
Asians	63.8	37.5	26.3	19.7	5.1	11.4
Whites	63	34.2	28.8	12.4	11.8	12.8

For comparison, consider that the Sunday newspaper magazine, Parade, asked the same question in a July 18, 2010 article titled: “Workplace Bullying: Do We Need a Law?” The magazine’s online poll results found overwhelming support for a law — 92% yes.

According to a WBI Instant Poll posted on July 23, 2010, 96.8% of 252 online respondents stated their support for a workplace bullying law.

Readers will want to digest Suffolk Law Professor David Yamada’s thorough and thoughtful Labor Day 2010 analysis of the liberal, moderate and conservative features of the Healthy Workplace Bill. He is the bill’s author.

WBI Research Director, Gary Namie, PhD
© 2010, Workplace Bullying Institute

---

Survey 1: Zogby International was commissioned by the Workplace Bullying Institute to conduct an online survey of 4,210 adults from 8/4/10 to 8/11/10. A sampling of Zogby International’s online panel, which is representative of the adult population of the U.S., was invited to participate. Slight weights were added to region, party, age, race, religion, gender, education to more accurately reflect the population. The margin of error is +/- 1.5 percentage points. Margins of error are higher in sub-groups. The MOE calculation is for sampling error only. Totals in topline reporting may not equal 100% due to rounding.

]]> http://healthyworkplacebill.org/blog/national-survey-finds-support-for-workplace-bullying-law/feed/ 0 http://healthyworkplacebill.org/blog/healthy-workplace-bill-described-on-cnn/ http://healthyworkplacebill.org/blog/healthy-workplace-bill-described-on-cnn/#comments Thu, 05 Aug 2010 17:05:43 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=151 On July 26, Adam Cohen, Yale Law School lecturer and author of the Time magazine article about our bill, appeared on CNN American Morning show. He accurately described the Healthy Workplace Bill and discussed implications for employers without fear-mongering or hyperbole. Thank you, Adam, for reading and understanding the text of the bill and communicating it well.

You can view the video at the WBI website or on the CNN site.

]]> http://healthyworkplacebill.org/blog/healthy-workplace-bill-described-on-cnn/feed/ 0 http://healthyworkplacebill.org/blog/hwb-author-yamada-on-msnbc/ http://healthyworkplacebill.org/blog/hwb-author-yamada-on-msnbc/#comments Sat, 24 Jul 2010 23:47:02 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=150 David Yamada, Suffolk Univ. Law Professor and author of the anti-bullying legislation for the U.S. — the Healthy Workplace Bill, appeared on MSNBC at 12:50 pm July 23. He distinguished clearly routine rudeness from malicious bullying that carries health-harming consequences. You can download Prof. Yamada’s publications from a link in the WBI Research Library and visit his blog for the New Workplace Institute.

Note the correct spelling of his name Yamada, not Yamata.

]]> http://healthyworkplacebill.org/blog/hwb-author-yamada-on-msnbc/feed/ 0 http://healthyworkplacebill.org/blog/shrm-opposes-anti-bullying-healthy-workplace-bill/ http://healthyworkplacebill.org/blog/shrm-opposes-anti-bullying-healthy-workplace-bill/#comments Fri, 18 Jun 2010 23:34:15 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=144 The advocacy group for Human Resources (HR) issued an alert for SHRM members in June 2010 to oppose the NY versions of the HWB. In brief, Bob Carragher, SHRM’s manager of government relations (chief national lobbyist) and Susan Corcoran, NY state legislative director (state lobbyist) claim our legislation is “bad for business and bad for New York.”  The two issued a “Talking Points” memo related to the bills that fell into our hands. Here is the text verbatim with WBI counterpoint in italics:

Human resource professionals, by the very nature of their positions, are dedicated to advocating for the interests of all employees in their organizations.

[Not true. HR is a management support function and acts accordingly. HR is not in the employee advocacy business, only unions are. To say otherwise is disingenuous.]

One of the many daily tasks of an effective HR practitioner is ensuring a positive work environment for all.  Recognizing that an abusive work environment can have a serious effect on both the morale and health of their employees, while also seriously impacting the image and profitability of an organization, most employers (through their HR departments) have conducted extensive educational/awareness programs on the negative impact “bullying” can have in the workplace.

[Ensuring a positive environment for all?  Give me a break! By allowing health-harming bullying to continue unabated as HR departments do, HR sustains an employee health and safety risk for those not fortunate enough to be considered credible to disbelieving HR types. In 2007, our national survey found that 44% of employers did nothing about bullying and 18% actually worsened situations for bullied individuals. So, where are the "extensive" awareness programs about bullying? And if they even exist, as run by HR, why are they so ineffective as to not put a dent into bullying's prevalence. Perhaps because Bob and Susan (above) can't bring themselves to take bullying seriously. That's why they put it in quotes -- "bullying." Similarly, HR workers like to define themselves as HR "professionals."]

A. 05414B, as currently drafted, could have serious ramifications for employers doing business in New York State.  In short, the bill could:
- Strain the day-to-day employer/employee relations in workplaces throughout the Empire State.  Many employers make great efforts to provide a positive work environment, backing these efforts with formal dispute resolution processes, written codes of conduct and open door policies.

[Great efforts to create safe work environments would produce results and eliminate bullying. The very existence of bullying is testimony that either the efforts are not great or HR is completely ineffective. Ironic that the lobbyists use the term "strain" which has meaning in the occupational health literature. Job strain refers to increasing task demand while simultaneously depriving a worker control over her or his taskload. Dispute resolution refers to forcing mediation down the throats of the already compromised targeted person, codes of conduct are as empty as flowery mission, vision, values statements that ring hollow, and open doors (?) are useless if  nothing results from meetings in the rooms with open or closed doors. Open doors implies that management will listen. Not if their favorite bully "Sleezy" is being exposed. Sleezy can never do wrong. This is all drivel.]

- Undermine good faith efforts by employers to establish positive work environments.  In addition, this legislation would significantly increase litigation and employers’ exposure to liability for lost wages, medical expenses, emotional distress, punitive damages and attorney’s fees.

[Bob and Susan have not read the bill and Susan works at JacksonLewis, dragonslayers for corporate masters. According to the bill itself, employers who take care to prevent and correct abusive conduct will be rewarded with escape from (affirmative defenses for) vicarious liability. The bill when it becomes law will reward good employers. The careful reference to good faith rather than actual employer efforts that result in a policy and faithful enforcement of it is not an accident. Shrmy wants credit for trying even if they fall short.]

- Create an incentive for certain individuals to “game the system” in an effort to seek monetary gain.  With the possibility of reaping a windfall from civil awards of compensatory and punitive damages, unscrupulous individuals could be tempted to claim physical or psychological harm due to an abusive work environment, requiring their employer to incur legal fees and lost work time defending themselves against such charges.

[Here Bob and Susan are branding the majority of employees, the non-supervisory ones, as fraudulent, unscrupulous schemers. How did these people get hired? Who did the screening? Oops, that was HR. What about ethics training? Again, HR. And if a person makes a claim of psychological harm, shouldn't HR care about that? After all, Bob and Susan stated above that HR advocates for "the interests of all employees. Balderdash. This bulleted point shows the actual contempt HR and corp defense attorneys have for employees who dare sue. Bob and Susan did not read the bill. It is not sufficient that the misconduct be abusive and health-harming, it must also be repeated and malicious.

The only real system that is gamed is the HR "sham investigation" whereby the bully is asked if he committed the atrocities. He says "no." HR concludes the target-complainant is a liar and begins branding the target as troublemaker. As WBI research shows, 64% of targets lose their jobs for having done nothing more than being in harm's way when a bully came calling. The "HR system" is a cruel one of health harm and job/career loss. The only schemers are bullies and their accomplices, HR.]

- Prove as a deterrent to drawing businesses to locate in New York State.  Given that New York would be the first state in the country to provide such a right, this legislation could have a chilling effect on the business climate of our state.

[This is the Bloomberg/Chamber of Commerce Big Lie. Where will they go? If they want the talent that NY state residents bring, the biz stays in the state. Otherwise, if they are big enough, they go offshore to China. If that happens, they won't take HR with them. We say that if you have to be abusive to run a state or municipal agency or a company in NY State, then you should lose your charter to do so. Will it take the Foxconn rash of worker suicides to get American employers to stop the abuse?]

End of SHRM Talking Points

There you have it. HR, the folks with “human” in their job title choose to lobby against the humans working for them in favor of obscure, inanimate needs of an impersonal corporate entity. Little wonder they have little credibility in the C-suite. Though this lapdog, ingratiating fealty to corporate masters is designed to make them appear allies to the CEO, the toadying up, they still won’t gain the respect HR craves.

The dramatic opposition to working people captured in this lobbying document by HR cements the already negative societal impression. It should remove any lingering doubt by the most optimistic and uncritical soul that HR is not your friend or advocate. HR does not deserve workers’ trust, ever!

If HR opposes stopping abuse in the American workplace, then it necessarily seeks to promote it. Based on HR’s unconscionable reaction to bullying when it is currently reported, that is clearly the case.

Please write directly to Bob Carragher at   Robert.Carragher@shrm.org
and  Susan Corcoran  at corcors@jacksonlewis.com  to let them know what you think about SHRM’s position and the ethicality of their lobbying work.

G. Namie

]]> http://healthyworkplacebill.org/blog/shrm-opposes-anti-bullying-healthy-workplace-bill/feed/ 1 http://healthyworkplacebill.org/blog/d-c-policy-advocacy-group-supports-the-hwb/ http://healthyworkplacebill.org/blog/d-c-policy-advocacy-group-supports-the-hwb/#comments Tue, 15 Jun 2010 00:14:40 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=142 The Americans for Democratic Action (ADA), a venerable political and policy advocacy organization established in 1947, adopted a resolution supporting the Healthy Workplace Bill legislation at its June 2010 convention. The resolutions resulted from action by ADA Board member law professor David Yamada. We thank the organization and its president, Michael J. Wilson, who with ADA legislative director, Darryl Fagin, met with, and encouraged, WBI representatives in April.

]]> http://healthyworkplacebill.org/blog/d-c-policy-advocacy-group-supports-the-hwb/feed/ 0 http://healthyworkplacebill.org/blog/obituary-for-new-york-bill-advocates-redouble-effort-for-2011/ http://healthyworkplacebill.org/blog/obituary-for-new-york-bill-advocates-redouble-effort-for-2011/#comments Wed, 09 Jun 2010 13:40:34 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=136 The NY Assembly Labor Committee Chair Susan John recently told the Wall Street Journal “No other state in the country has a law like this.” She was referring to the WBI anti-bullying Healthy Workplace Bill. A vote in her committee on June 8 ends the bill’s journey for 2009-10. The vote was not on the merits of the bill. Instead, the vote was technically whether to vote or “hold.” It was held and will not get an Assembly floor vote this session.

According to one reporter’s account, the Chair suggested the hold before polling the committee, thus killing the bill two weeks before the end of the 2-year legislative session.

Susan John is not seeking re-election. She never scheduled a hearing for the HWB in any version since first introduced in 2007. She could have been a populist hero, but she chose to support the business lobby. There were nearly 50 Assembly members who signed on as co-sponsors. She ignored their wishes. The Senate had passed the bill on May 12 by a large majority. She ignored the other chamber’s wishes.

Now the working people of New York have to wait another year or two for the chance to make the bill a law. WBI was asked if our NY citizen lobbying group, the NY Healthy Workplace Advocates will be there again in 2011, and they are certain to add to the list of 50 Assembly co-sponsors and 10 Seantors.

Make no mistake, this tireless group of volunteers will redouble their efforts for the 2011-12 session after this setback. A new Labor chair and new Governor will be in place. And if those individuals choose to resist offering the modest employee protections that the employer-friendly A5414B and S1823B provided, they will risk losing the backing of the 1.8 million New Yorkers who are painfully familiar with the ravages of malicious, health-harming, abusive misconduct at work.

]]> http://healthyworkplacebill.org/blog/obituary-for-new-york-bill-advocates-redouble-effort-for-2011/feed/ 0 http://healthyworkplacebill.org/blog/il-sponsor-of-healthy-workplace-bill-dies-suddenly/ http://healthyworkplacebill.org/blog/il-sponsor-of-healthy-workplace-bill-dies-suddenly/#comments Mon, 07 Jun 2010 17:18:01 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=131 Illinois House Rep. Eddie Washington (D-60-Waukegan) died suddenly on Friday June 4 at age 56 of a heart attack. He is survived by seven children and his wife, Flor. Read the local news coverage. Mr. Washington picked up sponsorship of HB 374 when Art Turner, the original House sponsor, stepped away. Sen. Delgado carried the bill in the Senate and it was amended dramatically. After the bill passed the Senate on March 18, 2010, Eddie Washington fought hard inside the House Labor Committee to have the bill retain its integrity. We looked forward to his strong, principled support in 2011. There will be other sponsors to take his place, but no one will replace him as husband, father, mentor and friend. He will be missed. All of us at WBI extend our condolences to the Washington family.

]]> http://healthyworkplacebill.org/blog/il-sponsor-of-healthy-workplace-bill-dies-suddenly/feed/ 0 http://healthyworkplacebill.org/blog/bipartisan-consensus-at-last/ http://healthyworkplacebill.org/blog/bipartisan-consensus-at-last/#comments Wed, 02 Jun 2010 17:37:47 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=126 N.Y. Senate passes bill for bully-free workplaces

By Mike Schlicht and Tom Witt, June 1, 2010, 12:00 am

Something remarkable occurred in the New York State Senate on May 12, and it didn’t involve petty political infighting or allegations of ethical lapses. Instead, senators from both sides of the aisle came together to pass – by a 45 to 16 margin – the Healthy Workplace Bill, which is designed to protect all workers from severe, disabling workplace bullying.

The bipartisan effort was led by Senators Thomas Morahan (R-Rockland Co.) and George Onorato (D-Queens), the bill’s prime Senate sponsors. The next stop is the State Assembly, where the bipartisan prime Assembly sponsors are Steve Englebright (D-Suffolk) and Bob Barra (R-Nassau), and hopes are running high that this spirit of cooperation will carry the bill up to the governor’s desk.

One would be hard pressed to think of a better idea to rally around: Workplace bullying involves the intentional, harmful mistreatment of an employee through verbal or non-verbal means by a supervisor or co-worker. This can range from overt behaviors such as the yelling and screaming by an abusive boss, to covert behaviors such as co-workers sabotaging the reputation and livelihood of a colleague.

In any form, workplace bullying is devastating and commonplace. Targets of it can experience severe depression, anxiety, increased risk of strokes and heart attacks, and symptoms consistent with Post Traumatic Stress Disorder. In several instances, workplace bullying has been linked to suicides. According to a 2007 national survey conducted by the non-profit Workplace Bullying Institute, nearly 40 percent of American workers will experience some form of workplace bullying during their careers.

Organizations, too, suffer from workplace bullying. Studies show that bullying can result in reduced productivity, higher sick leave and attrition rates, and greater burdens on personnel operations. Unfortunately, too many employers do not understand these costs. The 2007 Workplace Bullying Institute survey found that when employers were apprised of potential bullying situations, 62 percent of the time they either ignored the complaint or made the situation worse.

The Healthy Workplace Bill is fair and balanced. It provides employers with incentives to reduce or avoid liability by taking adequate preventive and responsive measures. It places a cap on damages for less severe claims and explicitly preserves traditional management prerogatives to hire, evaluate and terminate employees.

Above all, the Healthy Workplace Bill promotes human dignity by recognizing that we all work better when we are not subjected to harmful, disabling bullying and abuse. It is a hopeful sign that during this age of bitter political partisanship, senators from both sides of the aisle had the humanity and good sense to recognize that psychologically safe workplaces benefit us all.

Mike Schlicht and Tom Witt are state coordinators of the grassroots organization the New York Healthy Workplace Advocates.

See original article: http://www.theithacajournal.com/article/20100601/VIEWPOINTS02/6010301/1129/Bipartisan-consensus-at-last

]]> http://healthyworkplacebill.org/blog/bipartisan-consensus-at-last/feed/ 0 http://healthyworkplacebill.org/blog/what-opponents-say-about-our-anti-bullying-healthy-workplace-bill/ http://healthyworkplacebill.org/blog/what-opponents-say-about-our-anti-bullying-healthy-workplace-bill/#comments Sun, 30 May 2010 18:37:25 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=123 Updated May 30

Latest news coverage of the May 12 NY Senate passage of S 1823B. WBI addresses the distortions.

Read the May 29, 2010 Simple Justice blog article
Bad Bosses Meet Teacups by Scott Greenfield

Read the May 28, 2010 Forbes.com article
New York Anti-Bullying Law A Big Bad Idea by Victoria Pynchon

Read the May 26, 2010 Wall Street Journal article
For Businesses, Bully Lawsuits May Pose New Threat by Sarah Needleman

Read the May 25, 2010 Rochester Democrat and Chronicle article
Advocates discuss the Healthy Workplace Bill by Mike Schlicht & Tom Witt (NYHWA Coordinators)

Read the May 24, 2010 New York Post article
Bully Pulpit: Work harass bill wins round, but fight goes on by Chris Erikson

Read the May 19, 2010 New York Daily News article
New York’s latest job killer: A new bill would give workers broad rights to file suit when fired by E.J. McMahon and James Copland

Read the May 14, 2010 Wall Street Journal article
State Anti-Bully Law Would Let Workers Sue for Nastiness by R.M. Schneiderman

WBI counters the distortions

In the Greenfield (Simple Justice) blog: Equating bullied targets, many who suffer PTSD, with delicate teacups is assinine. Greenfield is a media-seeking lawyer, say no more. My longer response to his insensitivity can be found in the comments linked to the article at his blog. Why not re-name his blog, Justice for Simple Minds. For thoughtful legal mindfulness, visit Minding the Workplace, a blog penned by WBI’s favorite law professor.

In the Pynchon (Forbes) article: She is right that IIED (emotional distress) claims should work for bullied targets, but the reality is that courts consider no level of misconduct by anyone at work in the U.S. as “outrageous” as required by the current law. Suffolk Law Professor David Yamada covered the inadequacies and the shortcomings of US courts in his seminal Georgetown Law Journal article in 2000. Anyone can download his writings by visiting this site. Her second point is that employers can and should handle this. We agree. Truth is, they don’t. Pynchon, the mediator, believes employers naturally do the right and rational thing. She’s not heard of ingratiation, though she does fashion herself as an amateur social psychologist. Serving corporate masters can blind a person to reality. Finally, she doesn’t really comprehend severe bullying. It is violence and violence is not subject to mediation!

In the Erikson (Post) article: Our NY State Coordinator Mike Schlicht has it right about how many New Yorkers are bullied (relying on the national prevalence rate), but Nobile, the corporate attorney, implies that all 1.8 million will file a lawsuit. This is nonsense. Sexual harassment is illegal, but only a miniscule proportion (about 1% who suffer it) ever file a lawsuit. The hurdle for filing a suit under the Healthy Workplace Bill is high. Frivolous complaints will be filed only by the hopping mad, super wealthy workers. Do you know any? The second ungrounded opinion comes from the Business Council rep, Moran, who threatens that businesses would flee NY if employers are not allowed to abuse workers with impunity. Large employers already export jobs in search of cheap labor for no reasons related to their employees except that they are American and entitled to (a disgracefully low) minimum wage. Companies are in NY for a reason — education at great universities, skilled workers, family ties to the region, they are American. Bill S 1823B does not change those reasons. We have the same bill proposed in MA, NJ, VT and soon every state that borders NY. Where are they going to go? Americans also comprise the labor pool in those states. And NJ is more pro-worker than NY!

In the McMahon and Copland (Daily News) article: The “job killer” label is pure fear. Employers are job killers given the massive layoffs during the great recession. Bullies are job and career killers for the individuals they target. Bullies chase away the best and brightest who threaten them and the employer suffers from the talent drain. Professor David Yamada, author of the bill, gives a more comprehensive argument that our bill is “an equal opportunity job saver.” The authors of the Daily News article argue that everyone fired will have grounds to sue. Read the bill. Employers are protected when economic necessity, illegal or unethical conduct are grounds for uncontestable termination. Lazy opinion writers do their readers no favor.

In the Schneiderman (WSJ) article: Copland tells it how it is in large law firms and on the stock trading floor “People are yelling, people are cursing, this is what happens.” OK, let’s accept that. Read the bill. It requires that for conduct to be abusive, it must be malicious and demonstrably health-harming. Some, but few, who work in such an environment will be harmed by the craziness. No harm, no complaint. But the 99.999999% of us who don’t work in such rarified places should not have to tolerate the conduct when it should not be a routine part of the culture. Mayor Bloomberg and writer Copland see the bill as a boondoggle for attorneys. On the plaintiffs’ side, most of the bullied workers will have lost their jobs, and with it lost the ability to mount a privately funded lawsuit against their wealthier (and insured) employers. It will still be David v. Goliath. And Goliath carries employment practices liability insurance that protects them from cash outlays for mounting an employment-related legal defense.

Just to set the record straight.

If you count yourself a supporter of our legislation, please write a supportive comment on the newspapers’ websites. There are a lot of crazies writing opposing notes, spreading lies. Thank you. Gary Namie

]]> http://healthyworkplacebill.org/blog/what-opponents-say-about-our-anti-bullying-healthy-workplace-bill/feed/ 0 http://healthyworkplacebill.org/blog/45-16-ny-senate-passes-hwb-s-1823-b/ http://healthyworkplacebill.org/blog/45-16-ny-senate-passes-hwb-s-1823-b/#comments Thu, 13 May 2010 20:43:24 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=96 New York State Senator Thomas P. Morahan, Chairman of the Committee on Mental Health and Developmental Disabilities today secured Senate passage of his landmark legislation (S.1823-B) which establishes a civil cause of action for employees who are subjected to an abusive work environment. The May 12 Senate floor vote was 45 in favor, 16 against, 1 abstention.

Specifically, this legislation provides legal redress for employees who have been harmed psychologically, physically or economically by being deliberately subjected to abusive work environments; and it provides legal incentives for employers to prevent and respond to mistreatment of employees at work. This is the Workplace Bullying Institute Healthy Workplace Bill (HWB) that has been introduced in 16 other states. It was authored by Suffolk Law Professor David Yamada. The grassroots group NY Healthy Workplace Advocates has been the local catalyst for the many bills introduced in New York state since 2007.

“The social and economic well-being of the State is dependent upon healthy, safe, and productive employees,” said Senator Morahan. “I want to thank all my colleagues, on both sides of the aisle, who voted for this legislation today. In particular, Senator George Onorato, Chairman of the Labor Committee, Republican Leader Dean Skelos, Majority Conference Leader John Sampson and Deputy Majority Leader Jeff Klein for helping secure passage of the legislation.”

“I became aware of the prevalence of abusive environments in the workplace when one of my constituents brought her situation at her place of employment to my attention. It became apparent that legislation was needed to address the problem,” said Morahan.

“Workplace bullying, abuse and harassment bring with them a variety of very serious human and economic costs,” said Senator George Onorato, Chairman of the Labor Committee and co-prime sponsor of the legislation. “Abusive behavior can cause grievous harm to employees who are the victims of it, leading to all manner of health problems and, often, forcing them to leave their jobs to escape it. In addition, it costs employers in terms of lost employee productivity, and other workplace problems. By taking aim at abusive work environments, this legislation will protect employees from inappropriate behavior and help our businesses to become more productive and successful.” The bill passed Onorato’s committee on March 12, 2010.

“Mistreatment of employees in the workplace is a serious issue, but too often, workers have no recourse when they are subject to an abusive work environment,” said Senate Republican Leader Dean G. Skelos. “Senator Morahan’s legislation will help employees who have been harmed, physically, mentally or financially, and will encourage employers to do more to prevent and respond to this problem.”

“We are truly appreciative of Senator Morahan’s efforts which have culminated in the passage of vital legislation today in the New York State Senate,” said New York Healthy Workplace Advocate State Coordinators Mike Schlicht and Tom Witt.

“On behalf of the workforce of our State, I call on my Legislative colleagues in the Assembly to pass this bill in their house,” said Senator Morahan.

“This is only the second state in the nation to have passed the HWB on a floor vote. Now it is up to the outgoing Chair of the Assembly Labor Committee, Susan John, who is not running for re-election, and Assembly Speaker Sheldon Silver to guide the bill to a successful Assembly vote,” said Gary Namie, WBI Director. “Thanks to NYHWA, the bill has 48 Assembly co-sponsors. With a positive vote by June 21, the bill could be on the Governor’s desk and become the first law in the U.S. of its kind”

]]> http://healthyworkplacebill.org/blog/45-16-ny-senate-passes-hwb-s-1823-b/feed/ 0 http://healthyworkplacebill.org/blog/new-ohio-coordinator-featured-in-news/ http://healthyworkplacebill.org/blog/new-ohio-coordinator-featured-in-news/#comments Tue, 04 May 2010 22:00:08 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=91 Banishing Bullies by PAUL GIANNAMORE, Business editor, Steubenville (OH) Herald Star, May 2, 2010

Retired auto dealer joins Healthy Workplace Bill movement

STEUBENVILLE – It’s not as long a journey from automobile dealer to citizen advocate if one is committed to a cause. The switch in John Smurda’s life came as a result of reading a book and considering what he’s seen in his own family over the years. Smurda, a city resident, is now a volunteer citizen advocate for Ohio to pass a bill offering legal remedies to targets of workplace bullying.

Smurda said he read a book by Dr. Gary Namie, who, with his wife, Dr. Ruth Namie, has written “The Bully at Work.”
The Namies are professional educators – he with a doctorate in social psychology and she with a doctorate in clinical psychology. Ruth Namie experienced bullying in the workplace firsthand in the mid-1990s. She and her husband founded the Workplace Bullying Institute in the late 1990s as the Work Doctor website, now found as www.workplacebullying.org.

They have led efforts across the nation to have states enact anti-bullying measures to protect people who aren’t covered by the usual sexual harassment or anti-harassment policies and laws.

Smurda said he’s seen the effects of workplace bullying twice within his own family. He said he was fortunate never to have had to deal with the issue when he was one of the principals of the former J & J auto dealership in Toronto, which closed in late 2008.

“We had 25 employees,” he said. “They were a big family. It was the greatest group you could ever hope for. We all cared for other people. And that’s why this knocks me out.”

Smurda said he got in touch with the Namies and was asked to become an advocate for an anti-bullying Healthy Workplace bill in Ohio. So far, according to the healthyworkplacebill.org website, 17 states have introduced such bills since 2003. Smurda said hopes are that Ohio will be the 18th. No state has passed such a bill.

“Current laws do not apply when a person fails to fall into one of the protected classes,” he said.

Federal anti-discrimination and harassment policies focus on preventing harassment that is based on race, sex, religion or national origin, but offers no legal remedies when harassment is not based on those characteristics.

It’s also not about physical violence, which is prohibited by laws. Smurda said that’s where a healthy workplace bill helps.

“It’s the same in every situation. The bullies take aim at their targets. The bullies believe the world revolves around them and have a way of manipulating others into helping them,” he said. Smurda said the treatment involves blame for errors, criticism of ability and insults. It can be evidenced in slamming doors or exclusionary treatment in the workplace.

Businesses have policies against such treatment, but Smurda said targets often don’t want to report they’re being bullied because of fear of reprisal or job loss. Co-workers don’t get involved, he said, because they fear being shunned or becoming targets themselves. A Healthy Workplace bill isn’t about outlawing people who are merely jerks with bad behavior. For claims to be brought, the target has to prove actual health or psychological impact resulting from the maltreatment from a boss or co-worker.

The Healthy Workplace movement includes protections for employers. Smurda said he wouldn’t be involved in placing greater burdens on business as a businessman himself. “It protects the employer and punishes the bully,” he said.

Targets in every case that would find legal remedies under the law have become ill as a result of the bullying, experiencing post-traumatic stress disorder or anxiety. Targets leave their jobs or some commit suicide.
The Workplace Bullying Institute commissioned the Zogby polling organization, through a gift by the Waitt Institute for Violence Prevention to survey Americans on workplace bullying.

The findings of the online survey of 7,740 adults, released in 2007, find 37 percent of workers say they have been bullied. Most bullies are bosses and about 60 percent of the bullies are men with 57 percent of the targets being women. The survey also found 71 percent of the female bullies target other women and 54 percent of male bullies target men.
Bullying is four times more prevalent than illegal discriminatory harassment, the survey found.

The survey found that, when employers are made aware of bullying that does not fall into the illegal discrimination category, some 62 percent did nothing. Some 18 percent of the respondents said the employer actually made the situation worse for the target.

Respondents said verbal abuse and threatening, intimidation, humiliation and hostility were most often the tactics, with abuse of authority and interference with work also prevalent.

The Workplace Bullying Institute did a non-scientific update with 422 respondents in 2009 in response to claims in the business press that employers were weeding out bullies as part of cuts made to respond to the recession. That survey found 31.3 percent of the bullying targets who responded lost their jobs by layoff, termination or quitting, while another 12.3 percent were off because of psychological injuries. In most cases, the employer had done nothing after learning of the bullying.

]]> http://healthyworkplacebill.org/blog/new-ohio-coordinator-featured-in-news/feed/ 0 http://healthyworkplacebill.org/blog/more-news-from-capitol-hill/ http://healthyworkplacebill.org/blog/more-news-from-capitol-hill/#comments Fri, 30 Apr 2010 16:55:06 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=83 On Wednesday morning (4/28) , Dr. Namie met with Americans for Democratic Action. Then he joined forces with Jonathan Lackland, Director of the Illinois Association of Minorities in Government and WBI Illinois State Coordinator, and Maryland State Coordinator, Maria Allwine, to meet with legal counsel for both the Senate HELP Committee (chaired by Sen. Tom Harkin) and the HELP Subcommittee (chaired by Sen. Patty Murray). Throughout the afternoon, he attended meetings with the staff of Sen Sherrod Brown (OH) and Sen Al Franken (MN). The day ended with a meeting with NFFE federal union employee officers. Another long, productive, and rewarding day in DCl!

]]> http://healthyworkplacebill.org/blog/more-news-from-capitol-hill/feed/ 0 http://healthyworkplacebill.org/blog/news-from-capitol-hill/ http://healthyworkplacebill.org/blog/news-from-capitol-hill/#comments Thu, 29 Apr 2010 17:30:53 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=79 Dr. Gary Namie hits Capitol Hill this week to lobby for the Healthy Workplace Bill!

On Tues. (4/27) Dr. Namie and Maryland State Coordinator, Maria Allwine, met with Senator Russ Feingold’s staff on Capitol Hill to discuss potential sponsorship of the HWB for federal workers.

By accident, he stumbled into the Senate hearing on Goldman Sachs where Jonathan Lackland (IL State Coordinator and Director, Illinois Association of Minorities in Government) joined him for afternoon lobbying. The WBI lobbyists met with Rep. Danny Davis staff.

Later, they met Richard Trumka, AFL-CIO president at an event launching a Congressional bill. We will need Trumka’s organization’s support for all future endeavors. They next introduced WBI and the Workplace Bullying in Schools Project to Peter Yarrow (of Peter, Paul & Mary) who launched his own program (Operation Respect) to stop bullying among kids in school. Peter also wrote one of the anti-bullying anthems, “Don’t Laugh At Me.” A chance encounter with like-minded folk.

]]> http://healthyworkplacebill.org/blog/news-from-capitol-hill/feed/ 0 http://healthyworkplacebill.org/blog/il-political-wars-over-healthy-workplace-bill/ http://healthyworkplacebill.org/blog/il-political-wars-over-healthy-workplace-bill/#comments Sat, 24 Apr 2010 13:45:25 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=76 After 3 days of public committee testimony and private meeting yelling matches, the fate of SB 3566 is uncertain. On April 23, it passed the House Labor Committee by 10-7 vote. Then it was immediately put on hold by Chair Ostermann, we think at the instruction of Gov. Quinn. Quinn does not want the bill. House Speaker Madigan appears supportive.

The state agencies are the real villains in this tale. A group of them managed to attach several purpose-killing amendments without telling the House sponsor, Rep. Eddie Washington. This should be seen as a violation of protocol and respect for bill sponsors.

A reasonable person would question what the State, as employer, has to fear from a bill that rewards good employers with several ways to dodge litigation meant to punish bad employers. In other words, the State believes that forbidding abusive conduct will handcuff their ability to manage! If the HWB crimps their “style,” then get out of the business of serving the people of Illinois!!

Our small bill has been assaulted by the radical right wing, anti-gay haters masquerading as “Christian” in the Senate. Now, it’s the Governor and State agencies shopping the myth that abuse is a necessary and routine practice.

Shame on them. We have negotiated in good faith with these opponents at the insistence of well-meaning Senate sponsors.

To his credit, House Rep. Eddie Washington, who is now the prime House sponsor, is fighting back. He challenged this cowardice in closed-door shouting sessions. He is holding Democratic colleagues responsible for backing away from this “contentious” bill. Kudos to him. Thank you, Eddie Washington.

We will compromise no more. SB 3566/HB 374 are moral bills. They simply call for doing what any smart business should do on its own (if it didn’t want to protect and defend a-hole abusers). Identify the internal assassins and stop them. If that is contentious, then lawmakers have lost their moral compass.

Write to Eddie Washington now using the EZ e-mailer on the Illinois page to thank him and to encourage him to stay the course.

We prefer to have no bill in 2010 so diluted that it actually prevents a bullied worker from getting help. Start again clean in 2011, without silly and encumbering amendments suggested by groups that hate workers and human beings in general. Ignore the haters and expose opponents’ immorality and hypocrisy.

Gary Namie, Director, Workplace Bullying Institute

]]> http://healthyworkplacebill.org/blog/il-political-wars-over-healthy-workplace-bill/feed/ 0 http://healthyworkplacebill.org/blog/illinois-sb-3566-hearing-in-house-labor-april-21/ http://healthyworkplacebill.org/blog/illinois-sb-3566-hearing-in-house-labor-april-21/#comments Wed, 21 Apr 2010 18:39:23 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=74 On April 21 at 2 pm (CST) in room 118, State Capitol in Springfield, SB 3566 (sponsored by Reps. Eddie Washington and Lou Lang in the House, Sen. William Delgado, prime Senate sponsor) will be heard by the House Labor Committee. The bill (which was HB 374) previously passed this same committee in 2009. As SB 3566, the bill in its current form passed the Senate in March, 2010.

]]> http://healthyworkplacebill.org/blog/illinois-sb-3566-hearing-in-house-labor-april-21/feed/ 0 http://healthyworkplacebill.org/blog/wisconsin-bill-dies-in-committee-for-2010/ http://healthyworkplacebill.org/blog/wisconsin-bill-dies-in-committee-for-2010/#comments Wed, 21 Apr 2010 18:33:51 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=73 Rep. Christine Sinicki, probably in consultation with Assembly majority leadership (Rep. Michael Sheridan),  decided to not move the Healthy Workplace Bill, AB 894 (sponsored by Rep. Kelda Roys), out of the Assembly Labor Committee that she chairs. This disappointment comes on the heels of a very successful public hearing on April 7.

]]> http://healthyworkplacebill.org/blog/wisconsin-bill-dies-in-committee-for-2010/feed/ 0 http://healthyworkplacebill.org/blog/late-april-call-to-action-wi-il-nj-ny-bills/ http://healthyworkplacebill.org/blog/late-april-call-to-action-wi-il-nj-ny-bills/#comments Tue, 13 Apr 2010 02:38:28 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=70 It is critical that site visitors who consider themselves supporters of the anti-bullying HWB do the following (include your city only if you reside in the state):

1. Write to the WI Assembly Labor Committee members urging passage of AB 894 this week. Use our simple form.

2. Write to as many IL House Reps as you possibly can urging a positive vote on SB 3566. See the list of Reps.

3. Write to the NJ sponsors of A 673 urging them to push for a committee hearing. Use our simple form.

4. Write to all sponsors of NY Assembly bill  A 5414B and Senate bill  S 1823B Use our simple form.

]]> http://healthyworkplacebill.org/blog/late-april-call-to-action-wi-il-nj-ny-bills/feed/ 0 http://healthyworkplacebill.org/blog/several-heart-wrenching-testifiers-at-wi-hearing/ http://healthyworkplacebill.org/blog/several-heart-wrenching-testifiers-at-wi-hearing/#comments Thu, 08 Apr 2010 04:13:33 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=66 On April 7, members of the Wisconsin Assembly Labor Committee heard compelling and emotional testimony from about 20 individuals who courageously told either their personal stories or provided background info in a Wisconsin health care worker’s suicide. The moving and effective tales might just result in the committee passing the bill when it votes. A vote is expected in about a week. Thanks to everyone who attended and supported the Healthy Workplace Bill (AB 894) and especially those who testified on record.

Coverage of the hearing in the State Journal.

]]> http://healthyworkplacebill.org/blog/several-heart-wrenching-testifiers-at-wi-hearing/feed/ 0 http://healthyworkplacebill.org/blog/healthy-workplace-bill-hearing-april-7/ http://healthyworkplacebill.org/blog/healthy-workplace-bill-hearing-april-7/#comments Sat, 03 Apr 2010 04:07:08 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=61 AB 894 (sponsored by Rep. Kelda Roys) gets its public hearing in the Assembly Labor Committee at 10:30 am, Room 225 Northwest, State Capitol in Madison Wisconsin. Please attend and/or testify if you can. Contact the Wisconsin State Coordinator with your plans (wi at healthyworkplacebill.org).  Everyone write to the committee members and sponsors using the WBI E-Z Lobby Letter E-Mailing Tool.

]]> http://healthyworkplacebill.org/blog/healthy-workplace-bill-hearing-april-7/feed/ 0 http://healthyworkplacebill.org/blog/wisconsin-becomes-17th-state-to-introduce-healthy-workplace-bill/ http://healthyworkplacebill.org/blog/wisconsin-becomes-17th-state-to-introduce-healthy-workplace-bill/#comments Thu, 25 Mar 2010 18:30:14 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=59 We thank Representatives Roys, Sinicki, Berceau and Senator Coggs for introducing AB 894 on March 24, 2010.

Since 2003, 17 states have introduced (but not signed into law) the WBI anti-bullying Healthy Workplace Bill.

]]> http://healthyworkplacebill.org/blog/wisconsin-becomes-17th-state-to-introduce-healthy-workplace-bill/feed/ 0 http://healthyworkplacebill.org/blog/our-legislation-is-a-populists-dream/ http://healthyworkplacebill.org/blog/our-legislation-is-a-populists-dream/#comments Thu, 25 Mar 2010 14:38:20 +0000 admin http://healthyworkplacebill.org/blog/?p=48 Much talk is circulating lately about politicians needing to show their Populist cred. We officially invite STATE LAWMAKERS who give greater weight to constituents’ needs over corporate campaign donors to introduce or co-sponsor the WBI anti-bullying Healthy Workplace Bill. It is a populist’s dream. It is not draconian. In fact, it is friendly to employers who don’t need to abuse their workers to succeed. The good ones have nothing to fear. And for the first time since civil rights laws were enacted, you take a step toward compassion for individuals. Please move your state closer to joining the rest of the western industrialized world and take the US out of the dark ages. Support the HWB. Contact us today at the Workplace Bullying Institute, 360-656-6630.

]]> http://healthyworkplacebill.org/blog/our-legislation-is-a-populists-dream/feed/ 0 http://healthyworkplacebill.org/blog/sb-3566-passes-illinois-senate/ http://healthyworkplacebill.org/blog/sb-3566-passes-illinois-senate/#comments Sun, 21 Mar 2010 22:36:55 +0000 admin http://healthyworkplacebill.org/blog/?p=51 The Abusive Work Environment Act (our Healthy Workplace Bill) passed the Senate 35-17 on March 18, 2010. Senator William Delgado is the prime sponsor with co-sponsors Sens. James Clayborne, Jr., Iris Martinez, & Deanna Demuzio. The original version of the bill (HB 374) awaits a House floor vote. Stay tuned.

SB 3566 is the first time any version of the HWB has passed a floor vote in any chamber of any state legislature!!

Congratulations to Jonathan Lackland and Carrie Clark, WBI IL State Coordinators on the ground at the State Capitol.

]]> http://healthyworkplacebill.org/blog/sb-3566-passes-illinois-senate/feed/ 0 http://healthyworkplacebill.org/blog/il-workplace-bullying-bill-passes-senate-labor-committee/ http://healthyworkplacebill.org/blog/il-workplace-bullying-bill-passes-senate-labor-committee/#comments Fri, 05 Mar 2010 21:37:01 +0000 admin http://healthyworkplacebill.org/blog/?p=37 On March 3, 2010 by a 6-2 vote (Dem. chair voting ‘present’), SB 3566 (sponsor: Sen. Wm. Delgado) passed the Illinois Senate Labor Committee WITHOUT interfering amendments from “Christian” groups. Next step is a Senate floor vote (date unknown) and a House vote on the companion bill HB 374 from 2009. Follow progress at the HWB website, Illinois page.

]]> http://healthyworkplacebill.org/blog/il-workplace-bullying-bill-passes-senate-labor-committee/feed/ 0 http://healthyworkplacebill.org/blog/workplace-bullying-bills-alive-in-the-states/ http://healthyworkplacebill.org/blog/workplace-bullying-bills-alive-in-the-states/#comments Fri, 05 Mar 2010 21:33:12 +0000 admin http://healthyworkplacebill.org/blog/?p=35 Despite overwhelming state budget crises, the legislative campaign to enact anti-bullying laws for American workplaces rolls on. During this 2010 season, against all odds, the Healthy Workplace Bill (HWB), in various forms, is alive in nine states: Illinois, New York, New Jersey, Massachusetts, Connecticut, Vermont, Oklahoma, Kansas and Utah.

Both Republican and Democratic lawmakers are among the over 250 who have sponsored the HWB. Multiple bills have been introduced in both Illinois and New York. New York Assembly bill A 5414 counts 35 assemblymembers as co-sponsors, that’s one-fifth of the Assembly. Some legislatures have modified or amended the HWB to apply to only state workers (IL, CT, WA) or to healthcare workers (UT) or to only conduct studies (CT). In several states (NY, NJ, MA, VT, and OK), the full bill is under now consideration. Two states (CT and IL) will hold committee hearings on the bill in early March. Massachusetts and UT have previously held hearings.

The Workplace Bullying Institute (WBI) launched the U.S. workplace bullying movement in mid-1997. Starting in 2001, WBI principals began lobbying for legislation as amateurs. The work has grown into a national network of volunteer Coordinators in 29 states with varying levels of advocacy experience. WBI directs the citizen lobbyists to unify the message. WBI provides Coordinators with training, materials and the text of the HWB.

Suffolk University Law Professor David Yamada authored the HWB for WBI in order to provide employees with an avenue for redress when health-harming abusive conduct is not addressed by Civil Rights laws. Additionally, the bill does not mandate employer action or government involvement. It does reward good employers with freedom from vicarious liability when they take proactive steps to correct and prevent severe bullying behavior. The only employers who should fear the law are the ones that rely upon abusive tactics to manage.

Though 16 states have introduced several versions of the HWB since the first California bill in 2003, no state yet has passed the bill into law.

]]> http://healthyworkplacebill.org/blog/workplace-bullying-bills-alive-in-the-states/feed/ 0 http://healthyworkplacebill.org/blog/abuse-in-the-medical-workplace-fact-vs-myth/ http://healthyworkplacebill.org/blog/abuse-in-the-medical-workplace-fact-vs-myth/#comments Fri, 05 Mar 2010 21:32:19 +0000 admin http://healthyworkplacebill.org/blog/?p=34 Workplace Abuse in the Medical Workplace: Fact vs. Myth
By Denise Halverson for Utah Nurse

A physician demands that a prescription be filled despite proof that it has been prescribed from faulty information; an intimidated ER nurse doesn’t dare speak up when a life-threatening condition is overlooked; a surgical team stands knowingly, yet silently by as a surgeon makes a life-threatening error ; despite the plea of a mother, nursing staff refuse to challenge the doctor’s written order resulting in the senseless death of a toddler; a senior nurse refuses to assist a junior nurse as a critically-injured patient slips away. What is the common factor in these, and other similar and actual situations? Workplace bullying. In medical environments, personnel often couch it in more benign language: intimidating and disruptive behavior.

Workplace bullying involves repeated health-harming mistreatment usually directed toward underlings or peers, but affecting the quality of patient care and life in general. Workplace bullying falls into one or more of the following categories: work sabotage, verbal abuse, or conduct that is threatening or intimidating or humiliating. Conduct that is in opposition to the employer’s legitimate business interests, workplace bullying levies real costs, financially, emotionally, physically, and in every other way. In the medical work place it contradicts professional ethics, including the Hippocratic Oath, for it severely compromises patient safety and quality care.

Bullying is about the bully, not the target. The bully puts his/her personal agenda of controlling another human being above the interests of patients and the employing medical organization. A bully’s weapons of choice often include deliberate humiliation, the withholding of critical resources or information, social manipulation, and professional sabotage.

What are the myths that allow the destructive behaviors to continue and thrive?

Myth 1: Bullying behavior is not prevalent.

Intimidating behaviors are increasing at an alarming rate. A survey conducted by the Institute for Safe Medical Practices (ISMP) found that 88 percent of the medical practitioners surveyed encountered condescending language or voice intonation, 87 percent encountered impatience with questions, 79 percent dealt with reluctance or refusal to answer questions, 48 percent were subjected to strong verbal abuse, 43 percent experienced threatening body language, and 4 percent reported physical abuse. Intimidating and disruptive behavior involves more than one or two offending individuals in a given medical organization. Thirty-eight percent of respondents reported that three to five individuals were involved in negative encounters and 19 percent reported that more than five individuals were involved in negative encounters. Moreover, only small differences between male and female respondents showed up in reports, with male respondents somewhat more reluctant to confront a known intimidator, and female respondents somewhat more willing to ask for help in dealing with a known intimidator.

Myth 2: Targets deserve or ask for abuse. Smart people don’t become targets.

Individuals most often targeted by bullies prove to be independent, skilled, bright, cooperative, nice, ethical, just and fair people. In fact, targets are often amongst the most highly skilled, competent, and altruistic individuals. Bullies, driven by their own personal insecurities, perceive skilled and competent coworkers as a threat. Bullies tend to thrive in environments in which (1) there are opportunities to behave in a cutthroat, zero-sum, manner, (Note 1) (2) there is a pool of exploitable targets (typically those people with a pro-social helping orientation), and (3) negative personal consequences are negligible, and (4) perpetrators are rewarded for their bullying behavior by those who collude with the intimidation, or those who are afraid to challenge the bully.

Myth 4: Bullies are worth keeping around.

Bullies are exhorbitantly expensive. Conservative estimates and prevalent data indicates that bullying medical practitioners cost organizations over a million dollars per 50 employees per year in turnover costs alone. Damages to organizations also include poor morale, low productivity, and difficult recruitment and retention of quality workers. The ability of health care workers to work as a team is compromised, the quality of patient care is diminished, and lives are needlessly lost. Medical lawsuits invariably accompany the substandard medical care produced by such sabotage, and the cost in this regard may be incalculable (Note 2) .

Negative impacts specifically on Targets and their families include damages to psychological and physical health, financial stability, social support systems, and professional growth opportunities. In a survey conducted by Zogby International, 45percent of targets reported stress-related health complications, ranging from depression and PTSD to cardiovascular diseases and neurological compromises. The greatest harm comes from prolonged exposure and 44 percent reported suffering from workplace abuse for more that 1 year.

Myth 5: Employers generally recognize the harm done to their organization and deal effectively with bullying behavior.

In the vast majority of cases, bullying stops only when the target loses his/her job either by quitting, being forced out, or transferring to stay employed. But it’s only a matter of time before the bully identifies a new target. The bully infrequently (Note 3) endures negative consequences. According to the Workplace Bullying Institute national scientific survey, the Target quits 40 percent of the time, the Target gets fired 24 percent of the time, and the Target transfers 13 percent of the time. The Bully is punished only 23 percent of the time. And 62 percent of employers ignore the problem altogether. According to the ISMP survey, only 39 percent of medical practitioners felt that their organization dealt effectively with intimidating behavior. Medical corporate cultures typically do not deal effectively with workplace bullying.

Myth 6: There are legal protections against workplace bullying in the United States.

The United States remains the last among western democracies to have no anti-bullying laws for the general workforce. If mistreated employees who have been subjected to abusive treatment at work cannot establish that the behavior was motivated by race, color, sex, sexual orientation, national origin, or age, they will likely find no legal protections against such mistreatment. According to the WBI survey, workplace bullying is four times more prevalent in the United States than illegal harassment.

Myth 7: Bullying is just part of the medical culture necessary to maintain quality patient care.

According to the ISMP survey, a remarkable 40 percent of clinicians have kept quiet or remained passive during patient care events rather than question a known intimidator. Forty-nine percent of respondents reported that intimidation had altered the way they handle order clarifications or questions about medication orders. Forty percent simply assumed that a questionable order was correct or asked another professional to speak with an intimidating prescriber. Seven percent reported being involved in a medication error in which intimidation clearly played a role.

At the release of a Sentinel Event Alert by the Joint Commission establishing a zero tolerance policy, Dr. Mark Chassin, President of JCAHO, stated: “The Joint Commission has maintained a database of serious adverse events for many years and in continuously analyzing those data, we find that failures of simple communication among caregivers underlie many, many of these adverse events. One of the most important barriers to good communication is the intimidating and disruptive behaviors we’re talking about today.

The ignoble history of tolerance and indifference to intimidating and disruptive behaviors allows this type of behavior to go unchecked. By giving tacit permission, health care organizations are condoning workplace bullying. At last, the Joint Commission has insisted that enough is enough (Note 4) . Safe patient care is dependent on trust, teamwork and a collaborative work environment among caregivers. The space for intimidating and disruptive behaviors shrinks daily for workplace bullies, no matter what their reasons and no matter who they are. Some have argued that the stress of delivering health care in life or death situations excuses the behavior of bullies. Yes, there are very real stresses in health care because the stakes are high, and health care professionals are often pushed to the breaking point mentally and physically. But responsible professionals agree that there’s a right way and a wrong way to manage that stress (Note 5).”

Intimidating and disruptive behaviors in no way contribute to quality patient care. Rather, they undermine patient safety and devastate staff morale.

Myth 8: There is nothing that can be done about bullying in the medical workplace.

Don’t fall into the trap of believing that abuse in the medical workplace is a necessary evil that cannot be addressed. Each of us can make a difference: First, we can support laws that make health-harming workplace violence illegal. Second, we can support organizations in establishing and enforcing appropriate policies. Third, we can pay attention to those around us. There is safety in numbers and in unity. Bullies try to divide and conquer in order to exert their will. We can refuse to participant in their social manipulation tactics. We can ask questions, insist on answers, and verify facts when coworkers appear to be targeted. We can support ethical behavior. We can treat all of our fellow coworkers with the dignity and respect that they deserve. We as a community can and must demand that our medical workplaces become bully free zones.

Reference Notes:

[1] The Joint Commission Teleconference on Disruptive Behavior Among Health Care Professionals, Wednesday, July 9, 2008. Available online:

http://www.jointcommission.org/NR/rdonlyres/CE6FE184-1088-4C89-BA21-2522E886B754/0/DisruptiveBehaviorConf7908.pdf.

[2] The Joint Commission (2008). Sentinel Event Alert: Behaviors that Undermine a Culture of Safety. Issue 40: July 9, 2008. Available online: http://www.jointcommission.org/SentinelEvents/Sentineleventalert/sea_40.htm.

[3] Institute for Safe Medication Practices: Survey on workplace intimidation, 2003. Available online: https://ismp.org/Survey/surveyresults/Survey0311.asp.

[4] Intimidation: Practitioners speak up about this unresolved problem (Part I), ISMP Medication Safety Alert! From the March 11, 2004 issue. Available online: https://www.ismp.org/Newsletters/acutecare/articles/20040311_2.asp.

[5] Gary and Ruth Namie, “The Bully at Work”, Sourcebooks Inc., 2009.

Denise Halverson, PhD, is Utah State Coordinator for the Healthy Workplace Bill Legislative Campaign

]]> http://healthyworkplacebill.org/blog/abuse-in-the-medical-workplace-fact-vs-myth/feed/ 0 http://healthyworkplacebill.org/blog/newest-healthy-workplace-bill-il-senate-bill-3566/ http://healthyworkplacebill.org/blog/newest-healthy-workplace-bill-il-senate-bill-3566/#comments Fri, 05 Mar 2010 21:30:20 +0000 admin http://healthyworkplacebill.org/blog/?p=33 Thanks to Illinois state Sen. William Delgado on Feb. 10, 2010 SB3566 became the second Healthy Workplace Bill for the state, the companion to HB374 introduced in 2009.

]]> http://healthyworkplacebill.org/blog/newest-healthy-workplace-bill-il-senate-bill-3566/feed/ 0 http://healthyworkplacebill.org/blog/first-new-2010-legislation-new-jersey/ http://healthyworkplacebill.org/blog/first-new-2010-legislation-new-jersey/#comments Fri, 05 Mar 2010 21:25:53 +0000 admin http://healthyworkplacebill.org/blog/?p=38 The 2010 Legislative season begins with the Jan. 12 re-introduction of the anti-bullying Healthy Workplace Bill (HWB) in New Jersey — A 673. Thank you Assemblywomen Greenstein, Oliver and Vainieri Huttle, primary sponsors and 13 co-sponsors.

Right now there are 8 states with active versions of the HWB. We expect at least two more states to sign on. Get involved. Learn how. Visit the Healthy Workplace Bill website.

]]> http://healthyworkplacebill.org/blog/first-new-2010-legislation-new-jersey/feed/ 0 http://healthyworkplacebill.org/blog/video-wbi-lc-bill-debated-on-nj-pbs-tv/ http://healthyworkplacebill.org/blog/video-wbi-lc-bill-debated-on-nj-pbs-tv/#comments Fri, 05 Mar 2010 19:41:51 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=23 April, 2009: New Jersey Public TV show “Due Process” – a show about legal topics – featured a debate about the merits of the WBI Healthy Workplace Bill, specifically NJ Assembly Bill 1551 introduced in 2008. A plaintiffs’ attorney supports the anti-bullying legislation while a corporate defense attorney downplays the reality of the risk to workers. A 1551 sponsors include Linda Greenstein and 10 co-sponsors. (http://workplacebullyinglaw.org/states/legis-nj.html)

The Organization of Chinese Americans and NJ Bar Foundation jointly sponsored a public education event about Workplace Bullying on Nov. 22, 2008 in New Brunswick. Presenters included ASW Greenstein, Suffolk Univ. Law professor David Yamada, attorney Susie Cho (OCA representative), the Drs. Namie from WBI, Leisa-Anne Smith the state’s school bullying expert, and workers comp attorney John Kovac.

To purchase the tape from the station, go to this page and enter Due Process Show #1406

]]> http://healthyworkplacebill.org/blog/video-wbi-lc-bill-debated-on-nj-pbs-tv/feed/ 0 http://healthyworkplacebill.org/blog/abusive-bosses-in-medical-fields-targeted/ http://healthyworkplacebill.org/blog/abusive-bosses-in-medical-fields-targeted/#comments Fri, 05 Mar 2010 19:35:04 +0000 Dr. Gary Namie http://healthyworkplacebill.org/blog/?p=18 By James Thalmanr Deseret News (Salt Lake City, UT) February 4, 2009

Hospitals would become bully-free zones and bad-boss behavior prohibited in state statute under a bill that a legislative review committee on Tuesday earmarked for interim study.

Despite opposition to the bill by the head of the state Division of Risk Management, former district Judge Roger Livingston, counter testimony from disgruntled health-care workers who support HB224 was too compelling for lawmakers to ignore.

They heard and were given written accounts of ostensibly competent, caring medical providers being driven from their jobs and even out of the state by supervisors who induce stress in an already high-stress occupation. The hyper-patrolling and controlling oversight — which included employees having to ask to go the bathroom are far from uncommon and are adding injury to the insult in the form of serious mistakes and harm to patients, committee members were told.

Laura Sorensen, a registered nurse with critical care certification and a former Air-Med flight nurse and a state Emergency Nurse of the Year, said workplace bullying is the not the joke opponents try to make of it. She said that after immediately divulging to a supervisor that she had been diagnosed with multiple sclerosis 15 years ago, the University of Utah began a systematic effort to have her fired, effectively “disabling me well before I had any signs of being ‘crippled up’ by the disease.” She said U. attorneys immediately considered her a potential liability as a flight nurse and proceeded to keep her from working, despite her filing an Americans With Disabilities Act lawsuit and court-directed mediation in which she told U. lawyers all she wanted was her job back until her health literally — not potentially — precluded it.

Nurse Sharlene Watson said she was driven out of her labor and delivery job at the U. for delivering a baby before the attending doctor arrived and to ease an ongoing disagreement between her boss and another nurse. She was immediately placed on leave without pay. She said in subsequent hearings she was verbally and physically abused.

“People think government immunity doesn’t prevent actions in court, but I can tell you they do,” Watson said.

Livingston said if state employees feel aggrieved, “we have methods to ensure that we are as progressive and open and fair.”

He added that he didn’t want to come off as denigrating testimony before the committee, but said “in the strongest possible terms, this would be a giant step backward.”

To illustrate his point, he mentioned a 1977 citizen petition in Arizona against Daylight Savings Time in which a reason cited by signers was that “the extra hour of sunlight would burn their lawns.”

Dave Gessel, vice president of government relations and legal counsel for the Utah Hospital Association, said HB224 is “well-intended but off the mark,” noting that behavior at any workplace has never been made a cause of legal action. “This is a Grand Canyon change. To single out health care or go across that chasm is huge” in part because Utah is a right-to-work state in which 89 percent of all employees can be let go from their job for no good reason.

“Employers would see a problem and think they better fire that person right now,” he added. “This would backfire.”

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