No Result
View All Result
SUBSCRIBE | NO FEES, NO PAYWALLS
MANAGE MY SUBSCRIPTION
NEWSLETTER
Corporate Compliance Insights
  • Home
  • About
    • About CCI
    • Writing for CCI
    • NEW: CCI Press – Book Publishing
    • Advertise With Us
  • Explore Topics
    • See All Articles
    • Compliance
    • Ethics
    • Risk
    • FCPA
    • Governance
    • Fraud
    • Internal Audit
    • HR Compliance
    • Cybersecurity
    • Data Privacy
    • Financial Services
    • Well-Being at Work
    • Leadership and Career
    • Opinion
  • Vendor News
  • Career Connection
  • Events
    • Calendar
    • Submit an Event
  • Library
    • Whitepapers & Reports
    • eBooks
    • CCI Press & Compliance Bookshelf
  • Podcasts
  • Videos
  • Subscribe
  • Home
  • About
    • About CCI
    • Writing for CCI
    • NEW: CCI Press – Book Publishing
    • Advertise With Us
  • Explore Topics
    • See All Articles
    • Compliance
    • Ethics
    • Risk
    • FCPA
    • Governance
    • Fraud
    • Internal Audit
    • HR Compliance
    • Cybersecurity
    • Data Privacy
    • Financial Services
    • Well-Being at Work
    • Leadership and Career
    • Opinion
  • Vendor News
  • Career Connection
  • Events
    • Calendar
    • Submit an Event
  • Library
    • Whitepapers & Reports
    • eBooks
    • CCI Press & Compliance Bookshelf
  • Podcasts
  • Videos
  • Subscribe
No Result
View All Result
Corporate Compliance Insights
Home Governance

Workplace Bullying: From the Playground to the Office and Beyond

by Kelly Kolb
March 13, 2014
in Governance
Workplace Bullying: From the Playground to the Office and Beyond

For children, bullying is something that happens in school, on the playground or even in cyberspace. But as the Miami Dolphins bullying scandal involving lineman Jonathan Martin and teammate Richie Incognito shows us, it can continue into adulthood. The setting simply changes from the schoolyard to the office – or the locker room.

For many companies, workplace bullying is commonplace; it is witnessed and endured daily by a substantial number of employees. However, bullying often is ignored (through inattention or willful ignorance) by management, allowing it to perpetuate and infect the workplace. The longer bullying is allowed to persist, the more likely employees will feel powerless to stop it. According to the Workplace Bullying Institute, up to one-third of American workers fall victim to workplace bullying. About 20 percent of such instances cross the line into illegal harassment or retaliation.

While employees can sue their employers for allowing them to be subjected to a “hostile work environment,” the harassment must be tied to a protected category, such as race, sex, religion, disability, national origin, etc. Workplace bullying, on the other hand, is much less specific. It is generally defined as deliberate and repeated, physical or emotional mistreatment of a person, which takes the form of verbal abuse, sabotage of work product or aggressive conduct that is threatening, humiliating, demeaning or intimidating. Bullying includes overt aggression such as screaming, belittling comments in front of co-workers, physical contact, use of profanity, etc. It also includes classic passive-aggressive conduct such as assigning demeaning or unimportant tasks or undesirable work schedules, taking credit for the victim’s work, etc.

Studies by victim advocacy groups such as the Workplace Bullying Institute, Bullies2Buddies and Healthy Workplace Campaign have shown that workplace bullying is most prevalent in high-stress occupations such as commissioned sales, health care and (yes) the legal profession. Studies show that those most likely to be bullied at work are: women, very competent subordinates who pose a threat to their superiors and the very weak or timid.

Those who fall victim to workplace bullying may suffer from anxiety, depression, physical ailments (i.e., high blood pressure, migraines, ulcers, heart disease, etc.) and a feeling of helplessness. However, the effects of workplace bullying are not limited to the victim. Even the emotionally sturdy co-worker will be distracted by the conduct and will become less productive. Those who are less resistant to bullying may seek medical or mental health care (driving up premiums), take more sick leave, file worker’s compensation claims or simply quit. Indeed, an estimated 64 percent of workplace bullying victims quit or are fired for poor performance.

Some estimate that it costs an employer 200 percent of the victim’s salary to recruit, on-board and train the victim’s replacement and account for lost productivity – assuming the cycle does not repeat with the same bully victimizing the previous victim’s replacement. All of this decreases the employer’s razor thin competitive edge. With smaller employers, the visibility, disruption and costs of bullying are magnified.

In extreme cases, workplace bullying can result in discrimination and retaliation complaints (where the victim is a member of a protected class) and lawsuits for negligent retention of the bully, assault, battery or intentional infliction of emotional distress. In 2008, a $325,000 jury verdict against an Indiana cardiovascular surgeon for assault was upheld on appeal. The surgeon allegedly charged at a heart/lung machine operator “with clenched fists, piercing eyes, beet-red face, popping veins,  . . . screaming and swearing at him.”

The U.S. is the last of the Western democracies without a law prohibiting workplace bullying. Following model legislation drafted by the Workplace Bullying Institute and the Healthy Workplace Campaign, 25 states have attempted, unsuccessfully, to pass anti-workplace bullying legislation. Most states appear hesitant to enact such a general civility code. There is also a concern that such “be nice” legislation will, because of its subjective definition, be impossible to enforce.

Rather than wait for the courts and lawmakers to declare employers liable for bullying, employers should establish procedures for investigating complaints of workplace bullying.  They should be modeled after existing sexual harassment policies, and employers should treat bullying complaints as they do harassment complaints and take the following actions:

  • Document the victim’s complaint, interview witnesses, review relevant emails and performance evaluations, etc.
  • Verify the facts to the best of your ability, recognizing that it may be difficult to distinguish bullying from an aggressive management style.
  • Determine if the conduct is an isolated incident or part of a pattern.
  • Focus on whether the conduct involves references to the victim’s family, physical or emotional characteristics or personality traits or makes references specifically to performance.
  • Draw a reasoned conclusion about what happened, and document your conclusion and your reasons for it. Based on your conclusion, decide what action to take, if any, which may include a documented counseling, probation, suspension with or without pay, reassignment of the bully, anger-management counseling or termination.

A workplace bully can harm a company by lowering employee morale, causing an exodus of good employees and creating a toxic environment that clients and customers will perceive. Employers cannot afford to sit idly by. Action, even if it is just recognition of the problem, is a good first step.


Previous Post

The Importance of a Risk Assessment

Next Post

BDO USA Reports Greatest Concerns for Shareholders in 2014

Kelly Kolb

Kelly Kolb

Kelly H. Kolb has defended employment claims for more than 20 years before state and federal courts, administrative bodies and arbitration panels. He has successfully defended state and federal discrimination, sexual harassment, retaliation, USERRA, FMLA cases, FLSA overtime, wrongful termination, wage and unemployment claims. He has fought FLSA overtime compliance audits by the U.S. Department of Labor, Wage and Hour Division, and has successfully litigated FLSA collective action overtime suits. He has successfully litigated ERISA and COBRA claims, defending both employers and plan administrators. He has drafted and successfully enforced and voided non-compete agreements in the petroleum, health care and financial services industries. Mr. Kolb draws on this experience to advise management on best practices and claims avoidance and to oversee internal investigations. He serves clients in the marine, health care, video retail, aerospace and electronics industries. He has represented insurers in coverage and bad faith litigation, and has significant experience issuing coverage opinions and reservation of rights letters in the context of E&O, D&O, CGL, maritime, commercial vehicle and excess/umbrella policies.

Related Posts

launch visual lease esg steward

Visual Lease Launches ESG Tool for Asset Portfolios

by Corporate Compliance Insights
March 31, 2023

Lease software provider Visual Lease announced it has launched a new product, VL ESG Steward,  designed to help organizations track...

PW FCPA Enforcement and Anticorruption 2022 Review_f

FCPA Enforcement & Anti-Corruption Developments

by Corporate Compliance Insights
March 30, 2023

The year that was in FCPA & anti-corruption efforts 2022: A Year in Review FCPA Enforcement & Anti-Corruption Developments What’s...

JTC ESG and Impact Investing_f

The Evolution of ESG & Impact Investing: Are You Ready?

by Corporate Compliance Insights
March 30, 2023

Making money *and* doing the right thing Survey Report The Evolution of ESG & Impact Investing: Are You Ready? What’s...

Regology 2023 State of Regulatory Compliance_f

2023 State of Regulatory Compliance

by Corporate Compliance Insights
March 30, 2023

Understanding the impact of regulatory challenges Survey Report 2023 State of Regulatory Compliance What’s in this report from Regology:As the...

Next Post

BDO USA Reports Greatest Concerns for Shareholders in 2014

Compliance Job Interview Q&A

Jump to a Topic

AML Anti-Bribery Anti-Corruption Artificial Intelligence (AI) Automation Banking Board of Directors Board Risk Oversight Business Continuity Planning California Consumer Privacy Act (CCPA) Code of Conduct Communications Management Corporate Culture COVID-19 Cryptocurrency Culture of Ethics Cybercrime Cyber Risk Data Analytics Data Breach Data Governance DOJ Download Due Diligence Enterprise Risk Management (ERM) ESG FCPA Enforcement Actions Financial Crime Financial Crimes Enforcement Network (FinCEN) GDPR HIPAA Know Your Customer (KYC) Machine Learning Monitoring RegTech Reputation Risk Risk Assessment SEC Social Media Risk Supply Chain Technology Third Party Risk Management Tone at the Top Training Whistleblowing
No Result
View All Result

Privacy Policy

Founded in 2010, CCI is the web’s premier global independent news source for compliance, ethics, risk and information security. 

Got a news tip? Get in touch. Want a weekly round-up in your inbox? Sign up for free. No subscription fees, no paywalls. 

Follow Us

Browse Topics:

  • CCI Press
  • Compliance
  • Compliance Podcasts
  • Cybersecurity
  • Data Privacy
  • eBooks Published by CCI
  • Ethics
  • FCPA
  • Featured
  • Financial Services
  • Fraud
  • Governance
  • GRC Vendor News
  • HR Compliance
  • Internal Audit
  • Leadership and Career
  • On Demand Webinars
  • Opinion
  • Resource Library
  • Risk
  • Uncategorized
  • Videos
  • Webinars
  • Well-Being
  • Whitepapers

© 2022 Corporate Compliance Insights

No Result
View All Result
  • Home
  • About
    • About CCI
    • Writing for CCI
    • NEW: CCI Press – Book Publishing
    • Advertise With Us
  • Explore Topics
    • See All Articles
    • Compliance
    • Ethics
    • Risk
    • FCPA
    • Governance
    • Fraud
    • Internal Audit
    • HR Compliance
    • Cybersecurity
    • Data Privacy
    • Financial Services
    • Well-Being at Work
    • Leadership and Career
    • Opinion
  • Vendor News
  • Career Connection
  • Events
    • Calendar
    • Submit an Event
  • Library
    • Whitepapers & Reports
    • eBooks
    • CCI Press & Compliance Bookshelf
  • Podcasts
  • Videos
  • Subscribe

© 2022 Corporate Compliance Insights

Welcome to CCI. This site uses cookies. Please click OK to accept. Privacy Policy
Cookie settingsACCEPT
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT