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Organizational Issues. Organizational Conflict Management With John Ford. Issues. Workplace Violence & Bullying Discrimination and Harassment & Employment at will. Workplace Violence. Incidences are declining Men are more likely victims Security guards are most vulnerable
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Organizational Issues Organizational Conflict Management With John Ford
Issues • Workplace Violence & Bullying • Discrimination and Harassment & Employment at will
Workplace Violence • Incidences are declining • Men are more likely victims • Security guards are most vulnerable • The victim does not usually know the perpetrator • The USA has the highest levels
What is workplace violence? • Exhibition of aggressive behavior or threats of such behavior • An act of violence occurs on premises or involves company employees.
Examples • Assault and homicide • Vandalism, sabotage • Stalking (including annoying telephone and email) • Harassment • Bullying
Top Tactics Adopted by Bullies • Falsely accused someone of "errors" not actually made (71%) • Stared, glared, was nonverbally intimidating and was clearly showing hostility (68%) • discounted the person's thoughts or feelings ("oh, that's silly") in meetings (64%) • Used the "silent treatment" to "ice out" & separate from others (64%) • exhibited presumably uncontrollable mood swings in front of the group (61%)
And more! • Made up own rules on the fly that even she/he did not follow (61%) • Disregarded satisfactory or exemplary quality of completed work despite evidence (58%) • Harshly and constantly criticized having a different 'standard' for the Target (57%) • Started, or failed to stop, destructive rumors or gossip about the person (56%) • Encouraged people to turn against the person being tormented (55%)
Bullying as a form or harassment • Bullying is more prevalent than sexual harassment and racial discrimination. • Existing laws require harassment to be discriminatory (i.e. to be linked to a prohibited ground) • Approximately 1 in 6 U.S. workers has directly experienced destructive bullying in the past year.
Bullying is a serious issue Surveys and studies have documented that between 16 percent and 21 percent of employees directly experience health-endangering workplace bullying, abuse, and harassment, and that this behavior is three times more prevalent than sexual harassment alone.
Take reasonable steps to protect, or be sued for: • Negligent hiring, supervision and retention • Wrongful death • Negligent infliction of emotional distress
Classification of Workplace Violence • Type I: Intruders, most lethal • Type II: Non-employees (customers, clients, patients, students), most common • Type III: Employees
Crisis Prone or Crisis Prepared • Early Warning System • Interest in all stakeholders • Written policy (linked to conflict management policy) • Culture that welcomes conflict • Open to solving problems
Key Considerations • Profiling • Zero Tolerance • Healing vs. Hearing • Prevention
Prohibited Grounds: • Race • Sex • National Origin • Religion • Age • Ability
ADA Monetary benefits for cases handled by the EEOC (excluding litigation) increased • from $0,2 million in 1992 • to $162 million in 1997.
Sexual Harassment Monetary benefits for cases handled by the EEOC (excluding litigation) increased • from $7,1 million in 1991 • to $49,5 million in 1997.
Employment at Will • An at-will employee in the USA can be terminated at any time, and for any reason – or no reason at all – and the courts will generally not intervene to protect the ex-employee from allegedly unfair treatment by the employer. • Horace C. Wood, Master and Servant § 134, at pages 272-273 (1877).
ILO Convention 158 (Substance) The employment of a worker shall not be terminated unless there is a valid reason for such termination connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service.
ILO Convention 158 (Procedure) The employment of a worker shall not be terminated for reasons related to the worker's conduct or performance before he is provided an opportunity to defend himself against the allegations made, unless the employer cannot reasonably be expected to provide this opportunity.