SAMPLE BULLYING POLICY

Workplace Bully Policy

Ideally an employer would build upon this template, adding important  details, such as which company representative is designated to receive employee complaints and where an employee can go to find  moreinformation. 

Company X considers workplace bullying unacceptable and will not tolerate it in any circumstances.

Workplace bullying is behaviour that harms, intimidates, offends, degrades or humiliates an employee, possibly in front of other employees, clients or customers. Workplace bullying may cause the loss of trained and talented employees, reduce productivity and morale and create legal risks.

Company X believes all employees should be able to work in an environment free of bullying. Managers and supervisors must ensure employees are not bullied.

Company X has grievance and investigation procedures to deal with workplace bullying. Any reports of workplace bullying will be treated seriously and investigated promptly, confidentially and impartially.

Company X encourages all employees to report workplace bullying.

Managers and supervisors must ensure employees who make complaints, or witnesses, are not victimized.

Disciplinary action will be taken against anyone who bullies a co-employee. Discipline may involve a warning, transfer, counselling, demotion or dismissal, depending on the circumstances.

The contact person for bullying at this workplace is:

Name:______________________________________________

Phone Number: _______________________________________

* Adapted by the Ontario Safety Association for Community & Healthcare from the Commission of Occupational Safety and Health, Government of Western Australia. (Toronto, Canada, 2009)

For Employers

Bullying is a costly management problem.  Yet, all too often, instead of being the first line of defense, the Human Resources Department reinforces the bullying and further undermines the victim. The result is costly turnover, poor morale, and expensive litigation.  Stopping bullying makes economic sense for employers.  Does your company have an anti-bullying policy?  Is it strictly enforced, even when the bully is a highly valued employee?  Are employees encouraged to report bullying and do you insure they are protected from retaliation?   If not, you are inviting needless expense and risk.  – PGB

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“Bully bosses are the bane of management. They are the ones who take credit for their subordinates’ ideas, engage in abusive behavior, humiliate employees in public, talk behind people’s backs, and send others to do their dirty work. Bullies often make the numbers; that’s why it’s hard to get rid of them. When bullies resist all help, they must be removed from the organization. FROM:  Article by John Baldoni, Harvard Management Update; Sept. 2005, Vol. 10 Issue 9, p1-3, 3p.

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THE TAB FOR EMPLOYERS

It is astonishing that American employers tolerate workplace bullying.  Never-mind the devastation that bullying wreaks on the target, bullying wreaks havoc on the company’s bottom line. Bullying results in higher health costs, needless turnover, lower morale and motivation, lost work hours, absenteeism, etc. etc. etc.

Consider:

  • According to Christine Pearson at UNC-Chapel Hill and Christine Porath of USC’s Marshall School of Business (The Cost of Bad Behavior: How Incivility Is Damaging Your Business and What to Do About It (2009))  targets of bullying react in the following ways:

-48% decreased their work effort,

-47% decreased their time at work,

-38% decreased their work quality,

-66% said their performance declined,

-80% lost work time worrying about the incident,

-63% lost time avoiding the offender

  • Bullying causes needless turnover.

According to the Level Playing Field Institute, more than two million managers and professionals flee their jobs every year as a result of workplace unfairness, including bullying. The cost of replacing just one $8-per-hour employee can range from $3,500 to $25,000, depending on the industry. The  exodus of two million workers costs businesses $64 billion.

Research shows that bullying also contributes to turnover among witnesses of bullying, who suffer emotional distress that is almost as great as that experienced by the victims of bullying. Furthermore, more than a quarter of employees who leaves because of unfairness do not recommend the employer to potential employees, and many do not recommend the company’s products and services to others.

  • Bullying results in costly litigation.

Even if the employer wins, it can cost the employer tens of thousands of dollars to defend the lawsuit.

The employer doesn’t always win. In Indiana, a medical technician was awarded $325,000 after successfully suing a surgeon who bullied him in an operating room for Intentional Infliction of Emotional Distress and assault.

A lawsuit, and attendant publicity, can be harmful to a business in terms of public perception and the ability to attract quality employees.

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Five Tips for Businesses on Handling Workplace Bullying

(Excerpted from Teresa A. Daniel,  Stop Bullying at Work (ISBN 9781586441357, September 2009, $17.95)

To properly approach the bully and create individual change:

1.  Confront and monitor existing bullies.

– Talking directly to the bully about the consequences of his or her behavior;

– Training bullies about how to treat others fairly in the workplace; and

– Implementing performance evaluation and appraisal mechanism to discourage bullying behaviors, such as a 360-degree performance feedback system.”

2. Obtain a senior management commitment to a bully-free environment. Organizations need to demonstrate in visible and continuous ways that senior management is committed to addressing and eradicating the bullying phenomenon. Because of the power differential that exists in the relationship between the bully and the targeted employee, the reluctance to report bullying appears to be linked to the belief that nothing will be done and also to the fear of retaliation if something is done.

3.   Develop an anti-bullying policy. “Any policy that you develop should be customized to fit your organization’s specific culture, values, and needs. An anti-bullying policy will generally address the following types of issues: your company’s commitment to a culture of mutual respect and zero-tolerance of bullying, clear definitions of bullying, managerial responsibilities, complaint procedures, any support or counseling offered to the target, assurances that all complaints are taken seriously and will be treated confidentially, a ‘no retaliation’ provision, and who to contact to get further information.”

4.  Create monitoring, investigation, and complaint systems, disciplinary procedures, and follow-up measures. “Whether or not you elect to develop and implement an anti-bullying policy, a specific internal group or department needs to be identified as being responsible for receiving complaints and educating your employees. An investigation is a necessary response to a bullying complaint. All complaint resolution systems must include an effective disciplinary procedure that spells out the consequences for failure to abide by the company’s policy, including progressive discipline.”

5.  Train employees about conduct expectations. “Periodic training of employees must be conducted to ensure a culture of respect and accountability, and also that all employees understand the company’s expectations about their workplace conduct – what is and is not acceptable – and the consequences for failing to observe these requirements.”

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Research shows that  Human Resources often creates an environment where bullying “remains unchallenged, allowed to thrive or actually encouraged in an indirect way.” If the victim seeks help, HR  protects the employer’s interests rather than to seek a fair and just resolution. “The absence of collective voice … renders employees completely vulnerable, with no avenues for redressal … Issues of justice and morality inevitably arise … With managers being judge and jury combined, the correctness of managerial decisions remains largely unchecked … .”  FROM:  Premilla D’Cruz and Ernesto Noronha, Protecting My Interests: HRM and Targets’ Coping with Workplace Bullying, The Qualitative Report Vol.15, Number 3 (May 2010) http://www.nova.edu/ssss/QR/QR15-3/dcruz.pdf.

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In the case of despots, you need to depose them; in the case of bullies, you need to boot them. Few are worthy of rehabilitation. Power for them is both a means to an end as well as the end itself. “ – John Baldoni, 12 Steps to Power Presence: How to Assert Your Authority to Lead, (2010)

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Excerpt from the Center for the Promotion of Health in the New England Workplace at the University of Massachusetts, Lowell:

Organizational Practices that cause worker stress:

  • Favoritism
  • Inflexible rules
  • Low pay and benefits
  • Poor supervision
  • Job insecurity
  • Responsibility without authority
  • Lack of input in decisions
  • Poor chances for advancement or growth
  • Unclear responsibilities or expectations
  • Multiple supervisors
  • Lack of recognition
  • Poor communication
  • Mandatory Overtime

* Patricia G. Barnes is an attorney with experience in both domestic violence and employment law. She is available for consultation, training on creating a healthy and positive management environment for employees and speaking engagements.

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Are you being bullied?

Note: The irony of workplace bullying is that the “victim” may be an excellent employee who is well liked, works hard, and demonstrates creativity and initiative. Bullying is often motivated by the bully’s insecurity, fear and jealousy. You may be targeted because the bully perceives you to be a threat. Employers take note – Good employees  quit or are fired while bullies – who do not act in the company’s s best interests – remain to wreak more havoc.  Also, co-workers who witness bullying are more likely to quit if the employer tolerates the abuse  –  PGB

Are you being bullied?

Here’s a Workplace Aggression Research Questionnaire developed by researchers from the State University of New York in New Paltz and Wayne State University that identifies often subtle bullying behaviors.

Take the quiz to find out if you’re a victim of bullying. Occasional insults don’t count. Bullying occurs when the behavior has occurred consistently during the past six months.

In the past six months have you regularly:

  • Been glared at in a hostile manner?
  • Been excluded from work-related social gatherings?
  • Had others storm out of the work area when you entered?
  • Had others consistently arrive late for meetings that you called?
  • Been given the “silent treatment”?
  • Not been given the praise for which you felt entitled?
  • Been treated in a rude or disrespectful manner?
  • Had others refuse your requests for assistance?
  • Had others fail to deny false rumors about you?
  • Been given little or no feedback about your performance?
  • Had others delay action on matters that were important to you?
  • Been yelled at or shouted at in a hostile manner?
  • Been subjected to negative comments about your intelligence or competence?
  • Had others consistently fail to return your telephone calls or respond to your memos or e-mail?
  • Had your contributions ignored by others?
  • Had someone interfere with your work activities?
  • Been subjected to mean pranks?
  • Been lied to?
  • Had others fail to give you information that you really needed?
  • Been denied a raise or promotion without being given a valid reason?
  • Been subjected to derogatory name calling?
  • Been the target of rumors or gossip?
  • Shown little empathy or sympathy when you were having a tough time?
  • Had co-workers fail to defend your plans or ideas to others?
  • Been given unreasonable workloads or deadlines — more than others?
  • Had others destroy or needlessly take resources that you needed to do your job?
  • Been accused of deliberately making an error?
  • Been subjected to temper tantrums when disagreeing with someone?
  • Been prevented from expressing yourself (for example, interrupted when speaking)?
  • Had attempts made to turn other employees against you?
  • Had someone flaunt his or her status or treat you in a condescending manner?
  • Had someone else take credit for your work or ideas?
  • Been reprimanded or “put down” in front of others?

Steps to take if you are being bullied:

  • In the early stages, consider telling the bully that his/her behavior is not acceptable and firmly ask them to stop. You can ask a supervisor or co-worker  to be with you when you approach the person.  This may not be helpful if the bully is a sociopath who lacks empathy.  It could even backfire, causing an escalation of the bullying.  It’s a judgment call.
  • It is very important to keep a factual journal or diary and record each instance of bullying.  The record should include:

o The date, time and what happened in as much detail as possible.

o The names of witnesses.

o The outcome of the event.

Here’s a possible example of a journal entry:  11/21/10: Bob came down the corridor at approximately 10 a.m.  He grabbed my arm, pulled me into an unattended office and shouted, “Get that ***** project on my desk by lunchtime.” He  then walked out without giving me a chance to reply. I felt humiliated, pressured, disrespected, and emotionally distressed.  John Doe witnessed the incident; I talked to John later that afternoon. John said he was shocked by Bob’s  actions, which he called “violent” and “uncalled for.”

Keep your notes in a safe place – not at the workplace.

  • RETAIN copies of  letters, memos, e-mails, faxes, etc., received from the person.
  • RESPOND to criticisms or allegations in writing, and ask the bully to respond in writing.
  • KEEP all memos and correspondence related to your work if the quality of your work is challenged.
  • It may be necessary to file a complaint. It may be advisable to first consult with an employment lawyer in your community. Most employees work  in an “at will” employment state, which means they  can be fired for any reason except an unlawful reason (such as race or age discrimination).  It is important to know your rights so you have a realistic assessment of your options.
  • If you COMPLAIN,  follow the process outlined in your employee or workplace policy manual. Complain to the individual who is identified as handling harassment complaints.   The courts will interpret this as providing proper notice to your employer of the harassment and bullying.  If your concerns are minimized, proceed to the next level of management.  It is usually advisable to make sure that your complaint clearly  states the problem; this is not the time to sugar coat the issue or to worry about being the squeaky wheel.  If feel you are being bullied because of race discrimination, provide the evidence upon which you base your belief to your employer.  Down the road, the account you provide in your complaint my be important in a retaliation or wrongful termination lawsuit.

Sadly, the Human Resources officer may not be an objective or neutral arbiter.  He or she may perceive their role as acting as an agent for management.  Management  may view your abuser as more valuable to the organization than you.  It is important to provide management with as detailed a record as possible about what is occurring so the employer can see the pattern of abuse.  A single instance may be dismissed as  trivial.   One would hope that management would recognize that  the bully is having a negative impact in the workplace or is creating needless legal liability.  But be aware that most targets of bullying are forced to  quit or are fired. Some experts advise targets to immediately start looking for another job.

BUT DO NOT …

RETALIATE

If you retaliate, you could appear to be a perpetrator.  This may  confuse the manager who is  responding to your complaint.  Also, an estimated 70 percent of bullies are bosses and in these cases the power dynamics do not favor the target .

Abusive bosses  may simply be clueless, insecure and poorly trained.  However, an abusive boss may a  narcissist or sociopath. without empathy. Their actions may be very  deliberate. They could be skilled at manipulating management and co-workers.   To the bully, it’s the equivalent of a chess game.  But  you may feel a range of  strong emotions, including fear and anger.  Bullies often try to manipulate their targets into making an impulsive and unwise move.  As best you can, stay detached and focused. Don’t give the bully more ammunition than he or she already possesses.

* Patricia G. Barnes is an attorney with expertise in both domestic violence and employment law.