Posts Tagged ‘David Yamada’

HWB Legislative Campaign is focus of Associated Press story

Friday, March 1st, 2013

Growing Push to Halt Workplace Bullying
by Sam Hananel, Associated Press, March 1, 2013

Article excerpts …

On-the-job bullying can take many forms, from a supervisor’s verbal abuse and threats to cruel comments or relentless teasing by a co-worker. And it could become the next major battleground in employment law as a growing number of states consider legislation that would let workers sue for harassment that causes physical or emotional harm.

“I believe this is the new claim that employers will deal with. This will replace sexual harassment,” said Sharon Parella, a management-side employment lawyer in New York. “People who oppose it say these laws will force people to be polite at work. But you can no longer go to work and act like a beast and get away with it.”

Some employers have put into place anti-bullying policies, but advocacy groups want to go even further. They have been urging states to give legal rights to workers who do not already fit into a protected class based on race, gender or national origin.

More than a dozen states — including New York and Massachusetts — have considered anti-bullying laws in the past year that would allow litigants to pursue lost wages, benefits and medical expenses and compel employers to prevent an “abusive work environment.”

Gary Namie, a social psychologist who co-founded the Bellingham, Wash.-based Workplace Bullying Institute in 1997, is among those leading the charge, along with labor unions and civil rights groups. He says the economic downturn has made bullying even worse and argues that passage of the laws would give employers more incentive to crack down on bad behavior in the workplace.

“People are trapped; they don’t have the same alternative jobs to jump to,” Namie said. “They are staying longer in these pressured, stress-filled, toxic work environments.”

Business groups have strongly opposed the measures, arguing they would open the floodgates to frivolous lawsuits.

“We would look at a bill like this as overreaching,” said Marc Freedman, executive director of labor law policy for the U.S. Chamber of Commerce. He said the bill would punish an employer for acts of its employees that it may not be able to anticipate.

But Parella, the employment lawyer, thinks it’s only a matter of time before states begin passing these laws and bullying issues become a major factor in workplace litigation.

“Once it passes in a few states, there will be a chain reaction,” she said, noting that other countries such as England, Ireland and Sweden already have laws addressing workplace harassment.

In Massachusetts, the National Association of Government Employees Local 282 has been one the first unions in the country to include an anti-bullying clause in collective bargaining agreements.

“From a labor perspective, we want there to be remedies in place for corrections to be made, not to yell, scream, threaten or treat the person basically like a slave,” said Greg Sorozan, president of NAGE, which represents about 12,000 public employees.

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See an original posting of the full story with pictures and a graph.

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The anti-bullying legislation mentioned in the article is called the Healthy Workplace Bill. You can help enact it in your state by helping our State Coordinators. At this national campaign website, click on your state and see what is happening this legislative session or in years before.

Greg Sorozan is also HWB State Coordinator in Massachusetts. See videos of him and Suffolk Law Professor David Yamada, the bill’s author, describing the legislation on the MA State Page at this website.

Suffolk Law Prof. David Yamada – MA Healthy Workplace Bill

Monday, July 2nd, 2012

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

Bills to Address Bullying by Bosses | Valley Post

Thursday, June 21st, 2012

by Eesha Williams, Valley Post

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.

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Why the U.S. needs, and we are advocates for, the Healthy Workplace Bill

Wednesday, November 23rd, 2011

As of Nov. 22, 2011, there are 12 states carrying 18 versions of our anti-bullying Healthy Workplace Bill sponsored by hundreds of state legislators of both political parties. You can see for yourself by visiting the website for the national Healthy Workplace Campaign. Learn about the bill here. We also address criticisms of the HWB.

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"Inevitable that HWB will become law"

Friday, January 21st, 2011

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.

Healthy Workplace Bill advocacy after the midterm elections

Friday, November 5th, 2010

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).

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D.C. policy advocacy group supports the HWB

Monday, June 14th, 2010

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.