240 likes | 392 Views
HANDLING BULLIES IN THE WORKPLACE. SHRM Annual Conference. September 27, 2012. Reggie Belcher Turner Padget Graham & Laney 803-254-2200 rbelcher@turnerpadget.com. Reg’s Truism # 1.
E N D
HANDLING BULLIES IN THE WORKPLACE SHRM Annual Conference September 27, 2012 Reggie Belcher Turner Padget Graham & Laney 803-254-2200 rbelcher@turnerpadget.com
Reg’s Truism # 1 Happy employees are safer, more efficient, more productive, and cause fewer problems than unhappy employees
Reg’s Truism # 2 Happy employees maximize shareholder wealth
How Do We Make Employees Happy? • Eliminate negativity • Negative interactions have a fivefold stronger effect on mood than positive interactions
Bullying A Problem? • 42% ees report psychological aggression in workplace • 45% ees have had abusive boss • 59% have witnessed workplace bullying
Worse Than Sexual Harassment? • “I want to make sure that’s not misinterpreted to mean that sexual harassment didn’t also have negative outcomes; it did. It’s just that bullying was worse.”—Professor Sandy Hershcovis • “Where we are now with workplace bullying is where we were with sexual harassment maybe 20 years ago, before we had key court cases, before we had the major Anita Hill blow-up.”—Professor Suzy Fox
Bullying Defined • Repeated, unreasonable actions of individuals or groups • Directed toward an employee or group of employees • Intended to intimidate, degrade, humiliate, or undermine • Creates a risk to the health or safety of an employee
Bullying Basics • Abuse or misuse of power • Creates feelings of defenselessness and injustice • Undermines a person’s dignity • Different than aggression (one-time act) • On-going pattern
Bullying Basics • Not necessarily illegal • Only 20% of workplace bullying is unlawful discrimination or harassment • Similar to sexual harassment without any sexual overtones
Examples • Unwarranted / invalid criticism / blame • Threats / intimidation / dirty looks • Gossip / rumors • Disparate treatment / harassment • Being sworn at / shouted at • Exclusion / social isolation • Excessive monitoring / unrealistic deadlines • Hazing / practical jokes • Sabotage • Cyber-bullying
Bullying Affects People • Stress (PTWD) • Absenteeism • Self-esteem / confidence • Musculoskeletal problems • Phobias • Sleep / digestive problems • Depression / anxiety • Family and financial problems • Suicide / murder
Bullying Affects Employers • Turnover • Fear / self-preservation • Investigations • Bad publicity • Misconduct / fraud • Legal Liability • Unions • Workplace violence • Destroys productivity, morale and teambuilding
Scientific Facts • Jerks hire jerks • Jerks breed jerks • Southerners are more polite • Southerners more prone to lashing out when insulted • We expect powerful people to bully less powerful • Nastiness helps attain power • Lower level ees believe they should express flattery or deference to superiors
No Direct Legal Remedy Patterson v. County of Fairfax, 2000 WL 655984, at *5 (4th Cir., May 18, 2000) (stating that courts “cannot construe Title VII to ‘provide a remedy for every instance of verbal or physical harassment in the workplace,’. . . nor can we forge ‘a federal guarantee of refinement and sophistication in the workplace’” and that courts “must also ‘ensure that Title VII does not become a general civility code.’”)
No Direct Legal Remedy Title VII “does not provide a remedy for every instance of verbal or physical harassment in the workplace. . . . Co-workers may be ‘unpleasant and sometimes cruel.’ . . . Not every such instance renders the workplace objectively hostile. . . . There simply is ‘no guarantee of refinement or sophistication in the workplace.’” Shaver v. Dixie Trucking Co., 1999 WL 321388, at * 2 (4th Cir., May 21, 1999)
Potential Legal Liability Workers’ Compensation (“PTWD”) ADA FMLA Discrimination Harassment Retaliation Outrage Defamation Assault/Battery Negligence Personal liability
Prevention Culture Top management Policy Educate Open door Investigate Prompt remedy Discipline Terminate Recruit
Other Organizational Considerations Zero tolerance? Top performers Conflict Token jerk Customer/client Boss
Notable Companies Barclays Southwest Airlines Men’s Wearhouse Google Turner Padget
Southwest Airlines • Follow The Golden Rule • Adhere to the Principles • Treat others with respect • Put others first • Be egalitarian • Proactive • Customer Service • Embrace the SWA Family • Have FUN • Don't take yourself too seriously • Maintain perspective • Celebrate successes • Enjoy your work • Be a passionate team player
Are You A Workplace Jerk? Employer successful despite you? Jerk tax? Money / power more important than success? Receive only “good news?” Third-party test Mirror test Silent enemies
Reg’s Truism # 3 Everybody answers to somebody
You Decide “Nice guys finish last.”—Leo Durocher “The difference between how a person treats the powerless versus the powerful is as good a measure of human character as I know.”—Dr. Robert I. Sutton, The No Asshole Rule
Greenville 200 East Broad Street • Suite 250 Post Office Box 1509 Greenville, South Carolina 29602 (864) 552-4600 Myrtle Beach Founders Centre • Suite 301 2411 North Oak Street Post Office Box 2116 Myrtle Beach, South Carolina 29578 (843) 213-5500 Charleston Gateway Center • Suite 200 40 Calhoun Street Post Office Box 22129 Charleston, South Carolina 29413 (843) 576-2800 Columbia Bank of America Plaza • Suite 1700 1901 Main Street Post Office Box 1473 Columbia, South Carolina 29202 (803) 254-2200 Florence 319 South Irby Street Post Office Box 5478 Florence, South Carolina 29502 (843) 662-9008 www.turnerpadget.com