Workplace Bullying

Question

Workplace bullying is characterized by a systematic unwelcome/adverse behavior towards an individual that continues over a period of time,  where the victim cannot easily avoid the situation. While we all acknowledge that such behavior is wrong, it is not necessarily seen as illegal  unless it is tied to a protected class such as race, gender, etc. This can create a gray area for employers and employees and often allows such behaviors to continue. What can you do if you're a victim of bullying and you've spoken to HR about the situation and nothing has been done to address the issue? What do you do if the bully is your manager? How does your organization address and combat workplace bullying?

LEANNE TOBIAS · Answer

On the basis of personal experience, I’d urge those experiencing bullying to seek a new job in a new company or an internal transfer, unless the company enforces a zero tolerance program against bullying and has a strong anti-bullying culture.

Unfortunately, few companies effectively prevent bullying, and many bullies are extremely successful at covering their actions.

Advice for those experiencing bullying:

1. Keep dated, off-site, contemporaneous notes documenting what you are experiencing. Do not use equipment linked to or provided by your employer to keep your notes.

2. Speak with an employment lawyer (free consult) before complaining to HR or management.  Reason: neither HR and management will necessarily act in your best interests, and you want to know your rights and best course of action, even if you must exhaust all administrative remedies available at your firm.
     NOTE: if possible, you are better represented by a law firm/attorney specializing in employment law, rather than a general practice firm. Two reasons: i)better qualifications/deeper experience; and ii)If you ultimately take legal action, your company is more likely to take your case seriously if you are “well-lawyered.”

3)Know that bullying is *not* illegal in the U.S. unless the victim has been targeted on the basis of race, gender, age, religion or creed— that is, the victim is a member of a “protected class.” Check on the law in your state if the harassment is due to sexual orientation (LGBTQ).  At the moment, federal law is ambiguous on whether sexual orientation confers protected class status, and the Trump Justice Department has argued that it does not.
   As a practical matter, this means that you might be seeking a settlement, not litigating.
   If, on the other hand, your treatment can be linked to your membership in a protected class, you might have a strong case.  If you work for a large company and others in the protected class experience the same treatment, a class action suit (or related settlement) might be possible.

4)Read “Mobbed!” by Janice Harper, available online. Harper, a PhD sociologist, meticulously describes bullying (one perpetrator, one victim) and mobbing (numerous perpetrators, one victim), its causes, what/what not to do in response, and legal options.  Harper draws on her own experience of being mobbed in the workplace. This is the best book I’ve found on workplace bullying and how to survive it.

5)Leave your work troubles at work. Use evenings, weekends and holidays to shift your focus and revitalize yourself.

6)”The worse the day, the better the evening.”  My husband and I devised this motto to guide our home life and remind us not to get dragged down by workplace events.  Be aware that your marriage or home life needs to be protected from workplace difficulties. In this context, it might be useful to keep venting and ruminating about the bullying to a set time period each day  (say 20-30 minutes, or another timeframe manageable by you and your partner.)

7)Prioritize your physical and mental health.  Bullying is debilitating. Exercise. Keep a sound diet. Practice stress-reducing techniques attractive to you (meditation, yoga, dance, deep breathing, massage.) Seeing the right psychologist/ psychiatrist (a practitioner skilled in treating anxiety who takes the bullying seriously or, even better, has worked with victims of bullying) might be helpful.

8)Look actively for a new job or (if your company is large) an internal transfer. Join outside professional groups to grow your network.  Do *not* ask anyone engaged in the bullying for a reference (some victims have done this and it doesn’t work.) Instead, get references from past jobs, business partners, clients or sympathetic colleagues.  Do get copies of any favorable performance evaluations from the company.

9)If you need to resign and can afford to do so, do it.  It is empowering to walk away from a bad situation.  If you take this course of action, you can tell potential new employers that you resigned to evaluate new professional options or to take care of a family member/situation that has since been resolved.

10) Know that you deserve the best and act accordingly!

BeckyB_25 · Answer

I have called our Advice & Ethics line this year because of a bullying situation. They actively pursued and I was satisfied. It's all about allowing the situations to flow through the proper channels in my experience. And if you see something, say something. Someone told me that sitting back and allowing things to transpire made me just as culpable. That really resonated.

ANDREA HERRERA · Answer

Bullying is harassment and nearly every company has an anti-harassment policy.  Having it enforced is another matter.  At the end of the day all the documentation in the world won't change company culture.  If you've addressed the behavior with HR and the person and nothing has changed you have a couple of options. 
1) find a new job, once gone file a harassment suit
2) find a new job and ensure you find one with a company culture that denounces bullying. 
3) or stick it out and try to change things from within, but depending on size of company and your role, this can be a long and exhausting road.

Gretchen Osterman · Answer

Bullying is real and dangerous to the integrity of the business.
I encourage thorough documentation of the events, emails, meeting notes are commonly collected. In addition, I suggest journal-ling or short summaries which document the experience, an names of other members of staff that might have knowledge and time and date of the event.   Unprofessional behavior is not just displayed in one area of the work environment and may be needed as other problems and issues come to light. The  company should have a harassment policy that outlines the steps for reporting the behavior.  The size of the business may impact the HR department and the existence of polices.

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