More than Half of Women in Workplace Bullied

More than half of women are bullied at work– often by members of their own sex, according to the largest survey of its kind ever conducted in the United Kingdom.

The gender equality group, Opportunity Now, and PwC, an international  professional services group, commissioned a survey that included interviews with nearly 23,000 women and more than 2,000 men.

The group recently issued a report,  “Project 28-40,”  which urges employers to recognize that “harassment and bullying still occur, despite well-meaning policies. Call it out, deal with perpetuators, and make it simple and straightforward to report.”

Helena Morrissey, chairperson of Opportunity Now, said the key  to improve the workplace for women should be training  excellent managers; this will  achieve “much more than yet another initiative  or programme.”

Fifty-two percent of the women who responded to the survey said they experienced bullying at work within the past three years. The rates were highest for Black British / African /Caribbean women (69%), women with disabilities (71%), bisexual (61%) and lesbian and gay women (55%).

Without being specific, the report states that  the biggest enemy facing women in the office or other workplaces may be other women.  The researchers conducted ten focus groups to gain insight from the survey findings.  “Women often experience bullying by female colleagues and line managers, a point echoed by focus groups participants who thought female bullies felt threatened by potential and ability and so exploited their position or authority to undermine,” said the report.

More than one in four of the women surveyed said they had experienced overbearing supervision or misuse of authority, or were deliberately overloaded with work and subject to constant criticism. One in six of the women experienced exclusion and victimization or were intentionally blocked from promotion or training opportunities.

The researchers conclude that the data shows the extent to which workplaces are “dysfunctional, inefficient and fundamentally unjust” to women.

An additional 12% of women reported experiencing sexual  harassment within the past three years. One in eight said they had been sexually harassed – defined as “unwelcome comments of a sexual nature.”  This includes unwanted physical contact or leering, asking for sexual favors, displaying offensive material such as posters, or sending offensive emails or texts of a sexual nature.

Bullying in the NFL Workplace

Even Football Players Hurt When Bullied

It may seem rather silly that a participant in a sport that is so brutal that it causes its players to suffer brain damage would throw in the towel because of taunts and insults by teammates.

But the actions of 6’5″, 315-pound Miami Dolphins tackle Jonathan Martin, 25,  are a testament to the damage that workplace bullying can inflict upon targets.

Martin walked off the job recently because he could no longer the endure “abusive environment” that he allegedly has suffered during his one-and-a-half seasons with Miami.  The last straw reportedly came on Monday when he sat down to eat lunch with several other players and they stood up and left when he tried to join them

Dolphins guard Richie Incognito, who is allegedly one of the players who has harassed Martin, was suspended this week for conduct detrimental to his team.  He allegedly sent Martin racist and threatening texts and voicemails.

Research shows that workplace bullying can fell even the mightiest in our society.

Workplace abuse  causes targets to suffer potentially severe mental and  physical illness, including mood and sleep disturbances, upset stomach, panic attacks, headaches etc.  Evidence is accumulating to suggest that stress plays an important role in chronic health problems, including cardiovascular disease, musculoskeletal disorders, and psychological disorders. Bullying targets frequently report experiencing Post Traumatic Stress Syndrome for years after they leave a job in which they were bullied..

There are many well-publicized cases of suicide that are related to workplace bullying, including the recent suicide of the Chief Financial Officer Pierre Wauthier, 53, of the multi-national insurance company, Zurich Insurance Group in Switzerland. He left a note blaming his new boss, who a day after Wauthier’s suicide resigned.

Miami Dolphins Coach Joe Philbin said the NFL is going to conduct a comprehensive and objective review of the workplace environment  and the Dolphins will fully cooperate as an organization.

Individuals who are  experiencing workplace bullying are encouraged to read my book, Transcend Your Boss: Zen and the Difficult Workplace, to gain some coping strategies.  They are also encouraged to sign a petition demanding that the Obama administration address the problem of workplace bullying in our society.

Another Defeat for Healthy Workplace Bill

TIME FOR A NEW APPROACH

The decade-long strategy of adopting state-by-state legislation to deal with workplace bullying in the United States has suffered yet another defeat.

The Maine House of Representatives recently voted 87-56 to sustain Maine Gov. Paul LePage’s veto of a bill aimed at bullying in the workplace that had been adopted by Maine’s legislature.

 The bill, which was supported by the Workplace Bullying Institute (WBI), directed the Maine Workers’ Compensation Board to study psychological and physical harm employees suffer due to abusive work environments. 

 In his veto message, the governor said the study was unnecessary because the Workers’ Compensation Board already provides benefits to employees who suffer physical and psychological injuries on the job.

 Maine was the 24th state to consider some version of the WBI’s proposed  Healthy Workplace Bill  but no state has yet to adopt it.

 This blog advocates a federal and national solution to the problem of workplace bullying, which affects one in every three or four workers in the United States. So far about 8,000 targets of workplace bullying have signed a petition demanding action from the Obama Administration.

 Ruth and Gary Namie, founders of the WBI, have led  a decade-long campaign to pass proposed legislation called The Healthy Workplace Bill.

 Drafted by Suffolk University Law Professor David Yamada, the bill was overhauled earlier this year after criticism by workplace anti-bully advocates that it offered far less protection to targets of workplace bullying than similar legislation in other countries.  

The Namies, who aggressively market consulting services and book sales on the WBI web site,  and Mr. Yamada, who formed an organization called The New Workplace Institute, have not cooperated with other workplace anti-bully advocates who formed a coalition last year (Protect US Workers) to  support a federal solution to workplace bullying.

America lags far behind Europe, Canada, Australia and many other industrialized countries in protecting workers from bullying, which is widely considered to be a health-harming form of workplace violence..

 

Few Consequences for Sexual Harassment

sexual-harassmentUPDATE:  Shortly after this story was written, the U.S. Supreme Court made it more difficult to win a sexual harassment lawsuit by raising the bar for who constitutes a “supervisor” in the workplace – a designation that has important consequences with respect to the employer’s liability. See Vance v. Ball State University.

Sexual harassment in the military underscores a much bigger problem in American society.

 Sexual harassment is a major problem in all workplaces but it is extremely difficult – if not impossible – for victims  to hold abusers accountable for their illegal conduct. Surveys show that third of American women say they have experienced sexual harassment on the job.

For years, women in the military complained that the military did little or nothing about complaints of sexual abuse.  Then two military officers whose duties include preventing sexual harassment and assault were arrested for alleged sexual assaults and the military was forced to confront the issue.

 Defense Secretary Chuck Hagel  recently offered a solution that seems oddly misdirected.  Hagel said that  all of the Pentagon’s sexual assault prevention coordinators and military recruiters will be retrained, re-credentialed and rescreened. But there is no evidence that this is a problem of training; the evidence points to a problem of lack of consequences.

Members of the military who commit sexual harassment and assault have not been held to account by the “employer”  and so it continues. And this is also the problem in the wider society. There is a yawning lack of accountability for perpetrators of sexual abuse and the employers who tolerate this behavior.

Victims in non-military workplaces also complain to supervisors and human resource officers who often do little or nothing to hold the perpetrator accountable.

At that point, the victim’s only  recourse is to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) – which is a necessary precursor to filing lawsuit alleging a violation of Title VII of the Civil Rights Act of 1964.  The  EEOC receives about  30,000 sex discrimination complaints a year and, of these,  the agency targets systemic cases involving numerous victims. If the victim’s case doesn’t fit its parameters, the EEOC likely will do nothing but issue a “Right to Sue” letter.  That can take 180 days.  

 Now the victim’s only recourse is to file a lawsuit.  The first hurdle is finding a private attorney willing to take the case.  This can be very difficult for mid- to –low wage earners because there are more than enough high-earner victims with potentially higher damages. The victim also must pay the attorney’s up-front retainer – which in some areas is $25,000 or more.. People like to blame money-grubbing lawyers but legislatures and judges have made these cases very difficult to win and very costly.

 If the case ever gets to court it may be there for only a short time. Federal judges dismiss discrimination cases in the early stages at a much higher rate than other types of cases. If that happens, the victim’s only option is to file a costly appeal.  But if the case is not dismissed, it will take years to wind it way through the system. 

Occasionally one hears of a particularly egregious case of sexual assault that results in a spectacular jury verdict. These are rare.

In short, it is extremely difficult for victims of sexual abuse in the workplace to hold perpetrators accountable for  sexual abuse, not to mention the employers that tolerate abusive work environments. The system screens out all but the most dedicated victims and the most egregious cases. It’s like a lottery that few will win. And that’s a huge part of the problem.

It could get worse
If that’s not bad enough – the situation could get worse.

The  U.S. Supreme Court, the most pro-business Court since WWII,  heard arguments last year on a case that involves who qualifies as a “supervisor” under a federal employment discrimination law. This  question is important because it goes to the issue of damages and whether the employer – rather than the individual abuser –  is liable for the conduct of the abuser.

 The 7th U.S. Circuit Court of Appeals has ruled that only a person with the ability to fire or hire employees can be considered a supervisor,  not managers who supervise workers but cannot fire them. Other federal appeals courts and the EEOC  define a supervisor as a person with authority to direct daily work activities and can undertake or recommend “tangible employment decision affecting employees.”

 The case was brought by Maetta Vance, an African-American catering specialist at Ball State University, who accused a co-worker, Shaundra Davis, of racial harassment and retaliation in 2005. She  claimed the university was liable because Davis was her supervisor. A federal judge dismissed her lawsuit, saying that Davis was not her supervisor because she could not fire Vance. The judge also ruled the university was not liable because it  took corrective action. The 7th Circuit of Appeals upheld that decision, and Vance appealed to the Supreme Court.