The Orlando Business Journal cited an estimated cost of $180M in lost time and productivity to American businesses each year. The Workplace Bullying Institute estimates between turnover and lost productivity a bully could cost a Fortune 500 company an astounding $24,000,000; add another $1.4 Million for litigation and settlement costs.
Direct income loss is very real when it comes to a workplace bully. Here are some items to consider when calculating the cost of the bully in your organization:
· Distraction from tasks on the part of the victim, bully and witnesses
· Reduced psychological safety and associated climate of fear
· Loss of motivation and energy at work from victims and witnesses
· Stress induced psychological and physical illness
· Possible impaired mental ability
· Prolonged bullying turns victims into bullies
· Absenteeism and turnover (30% of the bullied will quit, and 20% of witnesses will follow)
· Time spent at work looking for different work
· Time spent at work talking about being bullied instead of working
· Time spent at work by others gossiping about the bully and his or her behavior
· Time spent by other employees and management calming and counseling victims
· Time spent by management appeasing, counseling or disciplining bullies
· Time spent soothing victimized customers, suppliers and other key outsiders
· Time spent reorganizing departments and teams
· Time spent interviewing, recruiting, and training replacements for departed victims, witnesses and bullies
· Pertinent information not provided to victims in order to do their job effectively and efficiently
· Lost customers who were victimized the bully and took business elsewhere
· Lost customers who heard about the bully from unhappy former customers and took their business elsewhere
· Management burnout, leading to decreased commitment and increased stress
· Anger management, communication, leadership and other training
· Legal costs for counsel
· Settlement fees and successful litigation by victims
· Settlement fees and successful litigation by bullies (e.g., wrongful termination claims)
· Health insurance and workers compensation costs as a result of stress
(Note: A portion of this list was taken from The No Asshole Rule by Robert Sutton, PhD, professor at Stanford University.)
Here is an example of how to calculate total costs of a bully in your organization.
Figure out time spent by:
· bully’s direct manager counseling bully: 80 hours, $8,000
· victim’s direct manager counseling victim: 150 hours, $15,000
· witnesses counseling victim: 100 hours, $6,000
· HR talking with managers, bully and target: 10 hours, $1,500
· HR talking with Executives about the problem:5 hours, $1,500
· HR recruiting and training replacement of victim employee; $40,000
· team and department members training new employee: 160 hours, $10,000
· actual costs (advertising, temp agency): $1,000
Estimated total cost of bully: $83,000
Do not forget to factor in the potential income loss. It is difficult to calculate specifically how much of your total return is affected by the workplace bully because so many factors are involved, but it is certainly something you want to pay attention to. Here are a few examples.
A study published in the Journal of Organizational Excellence (2006) by Watson Wyatt, a global consulting firm focused on human capital and financial management, indicated that companies who focus on effective internal functioning and communication enjoy a 57% higher total return, 19% higher market premium, are more than 4.5 times more likely to have highly engaged employees, and are 20% more likely to report reduced turnover, when compared to competitors who demonstrate ineffective communication practices.
GreatPlaceJobs, an innovative online job board that only allows award winning companies to post openings, conducted a study that indicated these “great” workplaces earn approximately 30% more revenue and have 10% higher stock prices when compared to competitors who have not won awards for being a great place to work.
Remember, everyone has the right to a safe and healthy workplace.
Helping you build a civil workplace by providing solutions for the problem of workplace bullying.
Friday, July 3, 2009
Change is a Choice
"When you change the way you look at things, the things you look at change." Wayne Dyer
Most of the advice you'll find out there on dealing with a workplace bully is just that, dealing with a bully. Talk to HR using facts and dates, document everything, keep doing your work well, find a witness to back your story up, file a law suit, etc. This is all helpful of course, but I would argue there's a major first step most advice-givers are missing.
Attribution theory describes the ways in which people explain behaviors of others and themselves. External attribution (also known as external locus of control) assigns causes of behavior to outside factors such as luck or even the weather. Internal attribution (internal locus of control) assigns causality to factors within ourselves or within that other person. Skills and personal abilities are an example.
Whether we attribute ours or others' behaviors to internal or external factors is a choice. And, we often choose to attribute negative happenings to outside forces, and positive happenings to ourselves. As a teacher I know that students who receive A's in my courses will attribute the grade to their own hard work, and students who receive an F will approach me with the question "Why did you give me an F?" It's as predictable as the sunrise. On a more personal level, during arguments with spouses or family members we often blame the other party for the issue at hand, and very rarely do we stop to take a good hard look at the part we played in the yelling match.
With attribution theory in mind, ask yourself why you're being picked on specifically instead of the other people at your workplace. What is it about YOUR particular relationship with the bully that is turning it into such a negative experience? What part do you play in the scenarios acted out between you and your bully? What makes you different than others who are not picked on? What signals are you sending the bully with your communication style? Do you fail to make eye contact with him or her? Are your shoulders hunched over instead of pushed back in a manner of pride? Are you claiming the bully has issues and you are perfectly innocent bystander?
As much as it may hurt at first to take some responsibility in what's happening, understand that you are not a simple passerby in your life. Though it may feel like it, your bully is not the WB's cartoon Tasmanian Devil swirling through at record speeds knocking anything and anyone out of the way at random. The bully has chosen YOU. You play SOME part in the interaction and communication processes at play here. And when you take responsibility for what's happening to you, it's easier to make a change. When you attribute your experiences to the bully, you feel like you have no control over the situation. Change then becomes impossible.
Think about the control you turn over to the bully when you say things like, "He makes me feel depressed and anxious." Now try saying, "I feel depressed and anxious," and see how much power and empowerment even those simple words can bring you.
Victor Frankl, a famous neurologist and psychiatrist once said, "The last of the human freedoms is to choose one's attitude in any given set of circumstances." It's certainly very easy to blame the bully for the horrible treatment and have a bad attitude about your situation, understandably so. But find out what part you play in the interactions with your bully, take responsibility for it, and make a change. This might be a change in your body language, your attitude, your conflict management style, or your way of thinking.
I'm certainly not saying this is your fault. But I am saying you have the power to change your situation by changing the way you're looking at it. Absolutely you do.
Most of the advice you'll find out there on dealing with a workplace bully is just that, dealing with a bully. Talk to HR using facts and dates, document everything, keep doing your work well, find a witness to back your story up, file a law suit, etc. This is all helpful of course, but I would argue there's a major first step most advice-givers are missing.
Attribution theory describes the ways in which people explain behaviors of others and themselves. External attribution (also known as external locus of control) assigns causes of behavior to outside factors such as luck or even the weather. Internal attribution (internal locus of control) assigns causality to factors within ourselves or within that other person. Skills and personal abilities are an example.
Whether we attribute ours or others' behaviors to internal or external factors is a choice. And, we often choose to attribute negative happenings to outside forces, and positive happenings to ourselves. As a teacher I know that students who receive A's in my courses will attribute the grade to their own hard work, and students who receive an F will approach me with the question "Why did you give me an F?" It's as predictable as the sunrise. On a more personal level, during arguments with spouses or family members we often blame the other party for the issue at hand, and very rarely do we stop to take a good hard look at the part we played in the yelling match.
With attribution theory in mind, ask yourself why you're being picked on specifically instead of the other people at your workplace. What is it about YOUR particular relationship with the bully that is turning it into such a negative experience? What part do you play in the scenarios acted out between you and your bully? What makes you different than others who are not picked on? What signals are you sending the bully with your communication style? Do you fail to make eye contact with him or her? Are your shoulders hunched over instead of pushed back in a manner of pride? Are you claiming the bully has issues and you are perfectly innocent bystander?
As much as it may hurt at first to take some responsibility in what's happening, understand that you are not a simple passerby in your life. Though it may feel like it, your bully is not the WB's cartoon Tasmanian Devil swirling through at record speeds knocking anything and anyone out of the way at random. The bully has chosen YOU. You play SOME part in the interaction and communication processes at play here. And when you take responsibility for what's happening to you, it's easier to make a change. When you attribute your experiences to the bully, you feel like you have no control over the situation. Change then becomes impossible.
Think about the control you turn over to the bully when you say things like, "He makes me feel depressed and anxious." Now try saying, "I feel depressed and anxious," and see how much power and empowerment even those simple words can bring you.
Victor Frankl, a famous neurologist and psychiatrist once said, "The last of the human freedoms is to choose one's attitude in any given set of circumstances." It's certainly very easy to blame the bully for the horrible treatment and have a bad attitude about your situation, understandably so. But find out what part you play in the interactions with your bully, take responsibility for it, and make a change. This might be a change in your body language, your attitude, your conflict management style, or your way of thinking.
I'm certainly not saying this is your fault. But I am saying you have the power to change your situation by changing the way you're looking at it. Absolutely you do.
Monday, March 16, 2009
“Contributors to Your Happiness at Work?”
By Prof. Timothy Sharp
I recently surveyed the people on one of my databases (those who have specifically expressed an interest in applying the principles of positive psychology within the workplace) and I asked them, quite simply, what they considered to be the top three contributors to happiness at work. Interestingly, their responses were remarkably consistent. Although the about fifty respondents used slightly different words, the core issues were similar.
Factor #1 - Leadership and Values
First, employees at all levels and across a range of different industries agreed on leadership as important for happiness at work. Respondents repeatedly noted how important it was for the organization as a whole to have clear values and for all who work within the organization to have respect for these values.
One respondent highlighted this by emphasizing her desire that all employees - especially those in positions of authority and leadership - “walked the talk,” and she provided a telling example suggesting that if an employer or organization is ostensibly encouraging staff to seek a balance between work and life that’s it’s not necessarily consistent to send emails at 2a.m.!
As referred to in several chapters of Cameron, Dutton, and Quinn’s wonderful Positive Organizational Scholarship, leadership, therefore, includes clarity of purpose, structure, consistency of behavior, and even better and more positive induction programs.
Factor #2 - Effective, Clear Communication
Following this, but separate enough to warrant its own heading, was the theme of effective and clear communication, especially from management. Although this was indubitably considered an important variable by many if not most of those who responded to the survey, it was also very clear that the theme of communication extended far beyond just the basics of assertiveness.
When people talked about communication they also referred to a desire to have one’s opinions listened to and taken seriously. For example, one respondent referred to the importance of “listening to staff, really hearing what they say, even if it is not what the manager wants to hear.” This point seemed to me to go towards issues of trust and respect.
Once again, this is entirely consistent with several research streams within positive psychology including several of the chapters in Dutton and Ragins’ “Exploring Positive Relationships at Work” as well as Christopher Peterson’s famous summary of positive psychology in three words…”other people matter.”
Factor #3 - Being Thanked and Appreciated
Additionally, employees want to not just be valued as important members of the team and of the organization but, also to be told, frequently and appropriately, that they’re valued. A dominant theme was “being thanked and appreciated.” Many respondents referred to this in one way or other with specific comments including a desire to more often see or hear about managers and colleagues openly congratulating and/or “sending emails around about wins or efforts by people” as well as the potential benefits that could be associated with “more frequently acknowledging the little achievements that everyone does each day.”
To my eyes, this wonderfully reinforced what we know from Robert Emmons’ inspiring work on appreciation and gratitude as well as Marcial Losada’s famous ratio pointing to the benefits of providing a significantly higher proportion of positive feedback than negative (starting at 3:1 and ostensibly 4 or 5:1).
Factor #4 - Strengths
The fourth theme to emerge from the survey indirectly and sometimes very directly revealed the number of people who are increasingly becoming aware of the importance of and benefits associated with identifying and more fully utilizing the strengths of each and every employee.
Responses referred to the desire to have one’s “skills used more” and the desire to receive more “adequate training leading to the prospect of advancement within the organization.” This is entirely consistent with one of the most exciting areas of positive psychology in which problems and deficits are not ignored but, and this is an important but, strengths, qualities, and attributes receive a far greater proportion of our attention. As has been suggested by Marcus Buckingham and others, there’s little doubt that the return on investment is far greater when individuals and organizations focus more on utilizing strengths, as opposed to just fixing weaknesses.
Factor #5 - Fun
And finally, there was general agreement that most workplaces would benefit from encouraging, fostering, and reinforcing a “more fun and light atmosphere,” one in which there was more “regular use of humor.” Every respondent, in one way or other, seemed to recognize the relationship between happiness at work and productivity: this wasn’t a group of people who just wanted to “muck around.” Those who responded seemed very ambitious and hard working, but they also seemed to inherently understand that when employees are having fun, they’re also more energized; when people are happy and enjoying themselves (at least some or most of the time) then they’re more productive and nicer to be around (an issue well summarized in Gostick and Christoper’s “The Levity Effect”).
In Summary
The results of the survey are, quite interestingly, remarkably consistent with the findings from the science of positive psychology and reassuringly, they’re also very consistent with what we, here at The Happiness Institute (www.thehappinessinstitute.com) teach people to do each and every day. Some people out there are already doing it, and that’s great; for others, there’s no reason you can’t aim towards doing more of these things and I can guarantee that if you do…you’ll reap the rewards.
I recently surveyed the people on one of my databases (those who have specifically expressed an interest in applying the principles of positive psychology within the workplace) and I asked them, quite simply, what they considered to be the top three contributors to happiness at work. Interestingly, their responses were remarkably consistent. Although the about fifty respondents used slightly different words, the core issues were similar.
Factor #1 - Leadership and Values
First, employees at all levels and across a range of different industries agreed on leadership as important for happiness at work. Respondents repeatedly noted how important it was for the organization as a whole to have clear values and for all who work within the organization to have respect for these values.
One respondent highlighted this by emphasizing her desire that all employees - especially those in positions of authority and leadership - “walked the talk,” and she provided a telling example suggesting that if an employer or organization is ostensibly encouraging staff to seek a balance between work and life that’s it’s not necessarily consistent to send emails at 2a.m.!
As referred to in several chapters of Cameron, Dutton, and Quinn’s wonderful Positive Organizational Scholarship, leadership, therefore, includes clarity of purpose, structure, consistency of behavior, and even better and more positive induction programs.
Factor #2 - Effective, Clear Communication
Following this, but separate enough to warrant its own heading, was the theme of effective and clear communication, especially from management. Although this was indubitably considered an important variable by many if not most of those who responded to the survey, it was also very clear that the theme of communication extended far beyond just the basics of assertiveness.
When people talked about communication they also referred to a desire to have one’s opinions listened to and taken seriously. For example, one respondent referred to the importance of “listening to staff, really hearing what they say, even if it is not what the manager wants to hear.” This point seemed to me to go towards issues of trust and respect.
Once again, this is entirely consistent with several research streams within positive psychology including several of the chapters in Dutton and Ragins’ “Exploring Positive Relationships at Work” as well as Christopher Peterson’s famous summary of positive psychology in three words…”other people matter.”
Factor #3 - Being Thanked and Appreciated
Additionally, employees want to not just be valued as important members of the team and of the organization but, also to be told, frequently and appropriately, that they’re valued. A dominant theme was “being thanked and appreciated.” Many respondents referred to this in one way or other with specific comments including a desire to more often see or hear about managers and colleagues openly congratulating and/or “sending emails around about wins or efforts by people” as well as the potential benefits that could be associated with “more frequently acknowledging the little achievements that everyone does each day.”
To my eyes, this wonderfully reinforced what we know from Robert Emmons’ inspiring work on appreciation and gratitude as well as Marcial Losada’s famous ratio pointing to the benefits of providing a significantly higher proportion of positive feedback than negative (starting at 3:1 and ostensibly 4 or 5:1).
Factor #4 - Strengths
The fourth theme to emerge from the survey indirectly and sometimes very directly revealed the number of people who are increasingly becoming aware of the importance of and benefits associated with identifying and more fully utilizing the strengths of each and every employee.
Responses referred to the desire to have one’s “skills used more” and the desire to receive more “adequate training leading to the prospect of advancement within the organization.” This is entirely consistent with one of the most exciting areas of positive psychology in which problems and deficits are not ignored but, and this is an important but, strengths, qualities, and attributes receive a far greater proportion of our attention. As has been suggested by Marcus Buckingham and others, there’s little doubt that the return on investment is far greater when individuals and organizations focus more on utilizing strengths, as opposed to just fixing weaknesses.
Factor #5 - Fun
And finally, there was general agreement that most workplaces would benefit from encouraging, fostering, and reinforcing a “more fun and light atmosphere,” one in which there was more “regular use of humor.” Every respondent, in one way or other, seemed to recognize the relationship between happiness at work and productivity: this wasn’t a group of people who just wanted to “muck around.” Those who responded seemed very ambitious and hard working, but they also seemed to inherently understand that when employees are having fun, they’re also more energized; when people are happy and enjoying themselves (at least some or most of the time) then they’re more productive and nicer to be around (an issue well summarized in Gostick and Christoper’s “The Levity Effect”).
In Summary
The results of the survey are, quite interestingly, remarkably consistent with the findings from the science of positive psychology and reassuringly, they’re also very consistent with what we, here at The Happiness Institute (www.thehappinessinstitute.com) teach people to do each and every day. Some people out there are already doing it, and that’s great; for others, there’s no reason you can’t aim towards doing more of these things and I can guarantee that if you do…you’ll reap the rewards.
Monday, March 9, 2009
Quote of the Day
"We can let circumstances rule us, or we can take charge and rule our lives from within."
- Earl Nightingale
- Earl Nightingale
Sunday, February 22, 2009
Take the ball and go home
Bullies can't be bullies when they are alone.
If you work with a bully, this is all you need to know. They need you.
A bully is someone who uses physical or psychological force to demean and demoralize someone else. A bully isn't challenging your ideas, or working with you to find a better outcome. A bully is playing a game, one that he or she enjoys and needs. You're welcome to play this game if it makes you happy, but for most people, it will make you miserable. So don't.
The way to work with a bully is not to try to please her or to question the quality of your work or to appease her or to hide from her.
The way to work with a bully is to take the ball and go home. First time, every time.
When there's no ball, there's no game. Bullies hate that. So they'll either behave so they can play with you or they'll go bully someone else.
Call her on her behavior (not who she is, but what she does). "I'm sorry, but when you talk to me like that, I'm unable to do good work. I'll be in my office if you need me." Then walk out, not in a huff, but with a measure of respect for the person (not the behavior).
This is a shocking piece of advice. It might even get you fired. But it will probably save your job and your sanity. Most bullies are deeply unhappy and you might just save their skin. If you're good at what you do, you deserve better than a bully.
From: Seth Godin's blog
If you work with a bully, this is all you need to know. They need you.
A bully is someone who uses physical or psychological force to demean and demoralize someone else. A bully isn't challenging your ideas, or working with you to find a better outcome. A bully is playing a game, one that he or she enjoys and needs. You're welcome to play this game if it makes you happy, but for most people, it will make you miserable. So don't.
The way to work with a bully is not to try to please her or to question the quality of your work or to appease her or to hide from her.
The way to work with a bully is to take the ball and go home. First time, every time.
When there's no ball, there's no game. Bullies hate that. So they'll either behave so they can play with you or they'll go bully someone else.
Call her on her behavior (not who she is, but what she does). "I'm sorry, but when you talk to me like that, I'm unable to do good work. I'll be in my office if you need me." Then walk out, not in a huff, but with a measure of respect for the person (not the behavior).
This is a shocking piece of advice. It might even get you fired. But it will probably save your job and your sanity. Most bullies are deeply unhappy and you might just save their skin. If you're good at what you do, you deserve better than a bully.
From: Seth Godin's blog
Friday, February 20, 2009
Resilience in the Face of Adversity
I just returned from a conference in Arizona where I presented a soon-to-be-published paper on workplace bullying. I presented this research with a panel of other researchers who also had written papers on bullying. Three of the panelists had been bullied at some in the past, and had written papers on their experiences.
While I listened, it really got me thinking about what the differences are between two victims of bullying - where one victim comes out of the situation more or less okay, while another comes out of the same situation with Post Traumatic Stress Disorder. There must be differences between victims that would cause them to experience the same situation so differently.
I also recently came across Kathyrn Britton's article on resilience. You can read the whole thing here.
According to Kathryn, resilience is the ability to deal with moments of panic, self-blame, anger, threats (or workplace bullies). It is adaptation to difficulties surrounding you.
The following three steps can help one get through a difficult moment:
1. Calm down. Take deep breaths.
2. Think of something that gives you a positive emotion.
3. Try to shift your thinking about the challenge that started the negative emotions in the first place.
Kathryn goes on to say that resilience isn't so much just the simple ability to deal with a difficult time, but it's also an accumulation of assets that include connections to prosocial organizations, close relationships with others, positive relationships with family, a positive view of the self, good problem solving skills and appealing personality.
Therefore, as you think about issues you face at work and the anger you feel towards the bully you must fight each day, try thinking about the resources and competencies you have accumulated thus far in life. Here are some questions to help you tally some of them:
While I listened, it really got me thinking about what the differences are between two victims of bullying - where one victim comes out of the situation more or less okay, while another comes out of the same situation with Post Traumatic Stress Disorder. There must be differences between victims that would cause them to experience the same situation so differently.
I also recently came across Kathyrn Britton's article on resilience. You can read the whole thing here.
According to Kathryn, resilience is the ability to deal with moments of panic, self-blame, anger, threats (or workplace bullies). It is adaptation to difficulties surrounding you.
The following three steps can help one get through a difficult moment:
1. Calm down. Take deep breaths.
2. Think of something that gives you a positive emotion.
3. Try to shift your thinking about the challenge that started the negative emotions in the first place.
Kathryn goes on to say that resilience isn't so much just the simple ability to deal with a difficult time, but it's also an accumulation of assets that include connections to prosocial organizations, close relationships with others, positive relationships with family, a positive view of the self, good problem solving skills and appealing personality.
Therefore, as you think about issues you face at work and the anger you feel towards the bully you must fight each day, try thinking about the resources and competencies you have accumulated thus far in life. Here are some questions to help you tally some of them:
- Have you shown self-regulation in the past (e.g., with money, your temper, etc)?
- Do you have a community of friends who can support you?
- Have you helped others?
- Have you dealt with serious adversity in the past? How did you deal with it? What were the skills you gained?
- Are you a positive or a negative thinker? If you are a negative thinker, what is your plan to start thinking more positively?
Remember that ultimately your experience with the bully will only build your skills and ability to deal with adversity. It's not so bad afterall - use the opportunity to build your ability to be resilient.
This article was adapted from Kathryn Britton's article posted on Postive Psychology News Daily, and the article can be read in full here.
Tuesday, February 3, 2009
Workplace bullying can be difficult to distinguish
One of the emerging issues in employment law today is workplace bullying.
Laws have been proposed in at least a dozen states that would address abusive behavior in the workplace, but so far none has become law. The difficulty seems to be in distinguishing bullying from relatively common (albeit obnoxious) management techniques.
In California, the Legislature considered a bill several years ago that would have banned malicious behavior by an employer or manager "that a reasonable person would find hostile, offensive and unrelated to an employer’s legitimate business interests." It died in committee, partly because it was feared that the broad definition would lead to a flood of lawsuits.
Nearly every week I get a call from an employee who complains about a hostile environment at work. When I ask more questions, I often find there is no legal recourse because the boss treats everyone the same way. He or she is an equal opportunity jerk, and the laws that protect employees from discrimination and harassment are of little use in this situation.
But are the courts the best place to address this problem? Can a judge or jury right all of the wrongs – large and small – that people experience on a daily basis? Shouldn’t we expect to take some things in stride and take some responsibility for the way we allow ourselves to be treated?
Discrimination on the basis of status is different. When being female, older or Latino is the cause of unfair treatment, it’s an institutional problem. But when one person feels intimidated by another, it’s often a function of their specific relationship, not the result of a widespread societal bias.
Of course, assault and battery is still illegal, as are threats of violence, even at work. That is not to say that bullying is OK. It’s not.
It’s very damaging to an organization to allow a manager to rule by intimidation. It has been estimated that a single abusive manager can waste $180,000 in a single year.
Even if that manager produces profits in the short run, he or she is killing the goose to get those golden eggs. There is no excuse for genuine abuse in the workplace, but a legal definition needs to be narrower than simply "hostile" or "offensive," or we truly risk having courts second guessing every interaction between employer and employee.
HR Consultant Catherine Mattice has studied workplace bullying extensively. She recommends beefing up the employer’s communication practices to avoid the potential losses and liabilities that a generally hostile workplace – even a legal one – can entail.
On her Web site, www.noworkplacebullies.com, she points out ways to recognize bullies in your workplace and steps you can take to reduce dissatisfaction and boost morale. In these times, that’s not a bad goal for any employer.
By Lou Storrow, Chairman of the Carlsbad Chamber of Commerce Board of Directors, Feb 01, 2009
Laws have been proposed in at least a dozen states that would address abusive behavior in the workplace, but so far none has become law. The difficulty seems to be in distinguishing bullying from relatively common (albeit obnoxious) management techniques.
In California, the Legislature considered a bill several years ago that would have banned malicious behavior by an employer or manager "that a reasonable person would find hostile, offensive and unrelated to an employer’s legitimate business interests." It died in committee, partly because it was feared that the broad definition would lead to a flood of lawsuits.
Nearly every week I get a call from an employee who complains about a hostile environment at work. When I ask more questions, I often find there is no legal recourse because the boss treats everyone the same way. He or she is an equal opportunity jerk, and the laws that protect employees from discrimination and harassment are of little use in this situation.
But are the courts the best place to address this problem? Can a judge or jury right all of the wrongs – large and small – that people experience on a daily basis? Shouldn’t we expect to take some things in stride and take some responsibility for the way we allow ourselves to be treated?
Discrimination on the basis of status is different. When being female, older or Latino is the cause of unfair treatment, it’s an institutional problem. But when one person feels intimidated by another, it’s often a function of their specific relationship, not the result of a widespread societal bias.
Of course, assault and battery is still illegal, as are threats of violence, even at work. That is not to say that bullying is OK. It’s not.
It’s very damaging to an organization to allow a manager to rule by intimidation. It has been estimated that a single abusive manager can waste $180,000 in a single year.
Even if that manager produces profits in the short run, he or she is killing the goose to get those golden eggs. There is no excuse for genuine abuse in the workplace, but a legal definition needs to be narrower than simply "hostile" or "offensive," or we truly risk having courts second guessing every interaction between employer and employee.
HR Consultant Catherine Mattice has studied workplace bullying extensively. She recommends beefing up the employer’s communication practices to avoid the potential losses and liabilities that a generally hostile workplace – even a legal one – can entail.
On her Web site, www.noworkplacebullies.com, she points out ways to recognize bullies in your workplace and steps you can take to reduce dissatisfaction and boost morale. In these times, that’s not a bad goal for any employer.
By Lou Storrow, Chairman of the Carlsbad Chamber of Commerce Board of Directors, Feb 01, 2009
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