Workplace Bully Targets Suffer Without Law

New Jersey – Kevin M. Costello,  a New Jersey attorney, said he turns away more than 2,000 people a year who are seeking his help to combat workplace bullying.

“These are people who have panic attacks.  Their hair is falling out.  They are throwing up blood … They ask, ‘Why can’t you help me?’ ‘Why isn’t there a law?” said Costello, who spoke at the first conference of the National Workplace Bullying Coalition at Rutgers School of Law earlier this month. “I can’t stand saying ‘no’ to that many people,” said Costello.

Costello is assisting New Jersey State Sen. Linda Greenstein,  assistant majority leader of the NJ Senate,  in crafting a proposed state law to address workplace bullying.

Sen. Greenstein said the bill will help targets who are under “extreme stress. What we’re looking for here is not your everyday not-so-pleasant workplace … We’re looking for very serious situations.”

Costello, who specializes in employment rights, said there are no viable options at present for victims of workplace bullying, especially those who do not fall within a protected class under state or federal anti-discrimination laws (i.e., race, sex, religion, color, national origin).

Critics of workplace bullying legislation often argue that such legislation will add to the cost of doing business in New Jersey, make the state  less competitive and  ultimately would harm the state’s economy.  Costello said the same concerns were raised in the past and were unfounded.

“Why should we do something about child labor? The economy would suffer if we didn’t hire children … Why should we pay women the same amount as men? They have husbands … What do you mean Occupational Safety and Health Act?  I want to make sure the economy doesn’t suffer,” he said. “At the end of the day, this is a bill whose time has come.”

More than 100 attorneys, union officials, policy makers and targets of workplace bullying attended the April 4 conference of the NWBC,  the first national organization formed to address the problem of workplace bullying.

Meanwhile, 27 percent of U.S. workers are either experiencing abusive conduct at work or did so in the past, and 21 percent have witnessed it, according to a 2014 national survey by the Workplace Bullying Institute.  The survey also found that almost three-quarters of employers have done nothing to curb workplace bullying.  An estimated  93 percent of  respondents in a national survey said they support enactment of legislation to protect employees from abusive conduct at work.

* Disclaimer:  I am a co-founder and member of the NWBC.

National Workplace Bullying Coalition Conference

The National Workplace Bullying Coalition (NWBC) will hold its first conference  on April 4 at Rutgers School of Law in Newark, NJ, to explore  solutions to the widespread  problem of workplace abuse in the United States.

The keynote speaker is Catherine Mattice, MA, president of the consulting firm, Civility Partners, of San Diego, CA,  and  author of Back Off! Your Kick-Ass Guide to Ending Bullying at Work.  Her presentation is entitled,  “What is Workplace Bullying? Business & Target Solutions.”   Ms. Mattice has served as an expert in USA Today, MSNBC, Inc. Magazine, NBC, ABC and FOX and has presented programs both nationally and internationally on the problem of workplace bullying.

Other speakers  include NJ State Sen. Linda Greenstein, the Assistant Majority Leader of the New Jersey  State Senate and the sponsor of proposed state legislation modeled after the Healthy Workplace Bill, and Kevin Costello, an attorney who maintains a statewide plaintiff-side law practice focusing on  employment rights, school harassment rights and civil rights.

 There will be a special video welcome from U.S. Rep. Michael Honda of California, the chairperson of the Congressional Anti-Bullying Caucus.

 The half-day program will feature two discussion tracks with a variety of  prominent speakers and experts: Labor & Community Advocates:  Working on the Front Lines and Workers’ Compensation and Alternatives to Legislation.  More information and registration information is available at the NWBC website.  Continuing Legal Education credit is available in New Jersey, New York and Pennsylvania.

The program is co-sponsored by the Rutgers Institute for Professional Education and Rutgers Labor and Employment Law Society.

 The National Workplace Bullying Coalition formed in 2013 to advocate a solution to the problem of workplace bullying in the United States, which lags far behind other industrialized countries in addressing the problem. It is estimated that one in every two or three workers is the target of workplace bullying.

* Disclaimer: I’m a founding member of the NWBC and will be present at the conference. Hope to see you there.

National Coalition to Tackle Workplace Bullying

I am pleased to announce that this blog is a founding member of the National Workplace Bullying Coalition (NWBC), the first organization dedicated to seeking a national solution to the problem of workplace bullying in the United States.

The NWBC proposes a convention, similar to a constitutional convention, to detail the nature of workplace bullying, the negative consequences to both employers and employees, how today’s business leaders address the issue and what remains to be accomplished. The NWBC supports state and local efforts to address workplace bullying but the goal ultimately is to achieve a national  law or regulations that  provides employers with incentive to insure a safe, healthy and bully-free workplace for all employees.

Many developed countries around the world already have legislation in place to address workplace bullying. However, in the vast majority of workers in America workers have no protection unless they can shoehorn their claim under an existing law, such as Title VII of the Civil Rights Act of 1964, which protects individuals on the basis of race, sex, religion & national origin.

The Workplace Bullying Institute has backed state legislation, the proposed Healthy Workplace Bill (HWB), since 2002.  Versions of the HWB have been proposed in more than 20 states but none of the bills have passed, raising questions about the viability of this approach.  Also, it is highly unlikely that  so-called “pro business” states will willingly adopt workplace anti-bullying legislation, leaving employees with no recourse.

Nevada State Senator Richard Segerblom of Las Vegas, NV, has proposed a different solution to the problem of workplace bullying that some consider to be more promising than the HWB approach.  Segerblom has proposed amending Nevada’s employment discrimination law so that  anyone who is a victim of a hostile workplace environment has a legal remedy whether or not they can show illegal discrimination. In other words, he has proposed making the hostile workplace remedy “status blind.”

Many national surveys show that workplace bullying is epidemic in the United States.  CareerBuilder in 2011 found that one in four workers in the United States experience workplace bullying, which has potentially severe mental and physical health impacts.  Most targets of workplace bullying are expelled from the workplace – fired or forced to quit – and many suffer the symptoms of post traumatic stress syndrome for years afterward.

The NWBC is an outgrowth of New Jersey workplace anti-bullying efforts and a loose-knit coalition called  Protect U.S. Workers, created by this blog and documentary filmmaker  Beverly Peterson of Our Bully Pulpit.  The NWBC supports the on-going petition drive by Protect U.S. Workers’  calling upon the Obama administration and the Secretary of Labor to adopt a national approach to workplace bullying.

Membership  in  the new coalition includes The Honorable Sue Pai Yang, who retired in 2012 after serving as  the  first Asian American appointed to the Workers’ Compensation Court in New Jersey;  Jerry Carbo, Esq.  an Associate Professor of Management at the Grove College of Business at Shippensburg University, Pennsylvania, who has researched and  written  about workplace bullying.; Catherine Mattice.  who runs the consulting business, Civility Partners, LLC, which specializes in helping organizations realize positive workplace cultures; and The Honorable Stephen Tuber is a retired Judge of the New Jersey Division of Workers’ Compensation – 1981 – 2009).