WORKPLACE BULLYING LAW JACQUELINE M. SOTO

WORKPLACE BULLYING LAW - DEFINITION  The Workplace Bullying Institute defines workplace bullying as “Repeated, health-harming mistreatment of one or more persons by one or more perpetrators that takes on one or more of the following forms:  Verbal Abuse  Offensive conduct/behaviors which are threatening, humiliating, or intimidating  Workplace interference –which prevents work from getting done

WORKPLACE BULLYING LAW This legislation would:  Make it illegal to harass, abuse, threaten, humiliate, or intimidate employees at work  Make it illegal to retaliate against a person because the person complained or brought forward legal action  Require that employers document cases of workplace bullying that are investigated  Not require any notices  Require companies to have a specific policy that details workplace bullying

WORKPLACE BULLYING LAW CONTINUED  Allow an employee to file a lawsuit against an employer who tolerated workplace bullying or an employee who committed workplace bullying acts  Allow restoration of lost wages and benefits in certain situations

WORKPLACE BULLYING EFFECTS  35% of the workforce report being bulled at work, an estimated 53.5 million Americans  Workplace Bulling can effect a person’s anxiety and stress level which can be covered under the Family and Medical Leave Act and the Americans with Disabilities Act  Continuous and intermittent leave can be very disruptive for businesses, managers, and co-workers

WORKPLACE BULLYING – LEGAL PRECEDENCE  Limited legal precedence  Hostile Work Environment is illegal – discriminate against a protected classification and the behavior must be severe, lasting over a time period, and must seriously disrupt the employee’s work  Healthy Workplace Bill  25 states have introduced workplace bullying legislation – no law yet

WORKPLACE BULLYING POLICY  Enforce an environment that is free from harassment or mistreatment  Employees are expected to report any situations or activities that they feel are contrary to the law or the accepted values and policies of the company  Employees are responsible for reporting at an early stage to prevent escalation  Retaliation against any employee for making in good faith a report of workplace bullying would be prohibited

WORKPLACE BULLYING LAW  The Equal Employment Opportunity Commission would oversee and enforce the Workplace Bullying Law  The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of their race, color, religion, national origin, age, disability, or genetic information  Have the authority to investigate charges of discrimination and to prevent discrimination  Responsibilities and duties of this commission would be the same but expand to cover the Workplace Bullying Law

REFERENCES The WBI Definition of Workplace Bullying (2013). Workplace Bullying Institute. Retrieved on Nov 1, 2013 from