White House Summit For ‘New Generation’ of Workers

U.S. Labor Secretary Thomas E. Perez announced this week that the White House will hold a “Summit on Worker Voice” on October 7 to “energize a new generation of Americans to come together and recognize the potential power of their voice at work.”

That’s great but … what about the “older generation” of  American workers?

The Obama administration is currently engaging in the most outrageous assault on the Age Discrimination in Employment Act of 1967 since  2009. That’s the year that the U.S. Supreme Court issued its decision in Gross v. FBL Financial Services that made it far more difficult to win a lawsuit alleging age discrimination than discrimination on the basis of race, sex, religion, national origin and color.

Obama signed an executive order  in 2010 that permits federal agencies to discriminate against older workers.

More recently, Perez endorsed  the 100,000 Opportunities Initiative,  in which America’s leading corporations (Walmart, Starbucks, Microsoft, etc.) have announced plans to discriminate against older workers and hire ” youth”  aged 16 – 24 for tens of thousands of part-time and full-time jobs.  Neither Perez nor Starbucks, the main organizer of the initiative, have explained what legal justification exists for violating the plain the plain language of the Age Discrimination in Employment Act of 1967.  Good intentions cannot justify violating federal discrimination laws.

Reach for American Dream

Perez applauds early labor advocates  for the eight-hour work day and the weekend, noting these benefits were not inevitable but were “demanded by the working people of this nation … who wanted their chance to reach for the American dream.”

How can Perez and Obama justify making it more difficult for older workers to ‘reach for the American dream’?

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Lost in Discussion: Employers that Bully

 They Use Strategic Harassment and Exploitation

Most people who think of workplace bullies invoke the image of the combative boss played by Alec Baldwin in Glengarry Glenn Ross or the passive-hostile magazine editor played by Meryl Streep in The Devil Wears Prada.

But some workplace bullies are not individuals but the employer itself – a fact that often gets lost in the discussion of workplace bullying. Some employers use strategic harassment tactics on workers to avoid legal obligations, such as the payment of fair wages, workers compensation or unemployment insurance.

Employers that bully promulgate policies that take advantage of their workers. For example, they steal wages from their employees by intentionally misclassifying them as exempt and thus ineligible for overtime.

The Progressive States Network estimates that low-wage workers lose $51 per week to wage theft, or $2,634 per year.  That amounts to approximately 15% of their annual income

Some employers use strategic harassment to get rid of good employees. This occurs when an employer targets one or more workers for harassment to achieve an organizational goal.  Some employers, for example, make life miserable for workers when they want to downsize without paying unemployment insurance. Or they harass a “troublemaker” who has asserted a legal right to fair compensation or overtime, essentially forcing him or her to quit.

Other employers knowingly tolerate bullies in their employ for crass economic reasons – athough that strategy can backfire.

Ani Chopourian filed at least 18 complaints with the Human Resources Dept. of Mercy General Hospital in Sacramento, CA, during the two years she worked there as a physician assistant. She was fired after the last complaint. A federal court jury in March awarded Chopourian $168 million in damages, believed to be the largest judgment for a single victim of workplace harassment in U.S. history.

Many of Chopourian’s complaints involved a bullying surgeon who she said once stabbed her with a needle. Another surgeon, she said, would greet her each morning with “I’m horny” and slap her bottom. Another called her “stupid chick” in the operating room and made disparaging remarks about her Armenian heritage, such as asking her if she had joined Al Qaeda.

Ms. Chopourian speculated that hospital administrators put up with misbehavior in the cardiac unit and tolerated the surgeons’ outsize egos because cardiac surgery tends to bring in the most money for any hospital facility.

Surveys show that workplace bullying is epidemic in the United States, where at least one in four American workers reports being bullied in the workplace.  Workplace bullying can cause a target to experience potentially severe psychological and physical illness, including clinical depression, post traumatic stress syndrome and stress-related chronic disease.

Much of the focus on the problem in the United States has involved a state-by-state campaign to pass a civil law that would allow targets of workplace bullying to seek damages from individual employers. However, such a law would do nothing to combat the systemic problem of employer bullying and abuse in the United States.

This blog is part of a loose-knit coalition of workplace anti-bully advocates that is calling upon the U.S. Secretary of Labor and the Obama administration to promulgate a comprehensive national solution to the problem of workplace bullying and abuse that would  address the problem of bullying employers.  If you agree, sign our petition at: http://www.thepetitionsite.com/1/protect-us-workers/?cid=FB_TAF.