Dealing with Bullies in the Workplace Jodi Schafer, SPHR Human Resource Management Services 517/974-8033 www.HRMServices.biz 2014 All Rights Reserved Human Resource Management Services, LLC Mean Girls and Bad Boys 1 • Defining bullying • Identifying bullying • Harassment verses bullying • Managing a bully • Working for a bully 2014 All Rights Reserved Human Resource Management Services, LLC Agenda 2 • Bullying is the intimidation or tormenting of others in the work place. • It is generally emotional and includes behaviors that undermine, intimidate, embarrass, or humiliate. 2014 All Rights Reserved Human Resource Management Services, LLC What is a bullying? 3 Bullying is defined by the Workplace Bullying Institute as: • “Repeated, health harming abusive conduct committed by bosses and co-workers.” • “Repeated mistreatment: sabotage by others that prevented work from getting done. Verbal abuse, threatening conduct, intimidation and humiliation.” 2014 All Rights Reserved Human Resource Management Services, LLC What is bullying? 4 Why bully? • To get people to do what they want • They want to control the people they bully • They want to control the people they don’t bully 2014 All Rights Reserved Human Resource Management Services, LLC It is about power and control! 5 • Employees who are a threat to their power • Employees who are not a threat to their power • Employees who they don’t like • Employees who they do like Essentially – bullies bully who ever they want to. 2014 All Rights Reserved Human Resource Management Services, LLC Who do they bully? 6 Question: Where do bullies go when they graduate from high school? THE WORKPLACE! • Bullying is learned behavior that has been proven successful. • It starts young, is honed in middle school and high school and perfected in the work place. 2014 All Rights Reserved Human Resource Management Services, LLC Learned Behavior 7 • False accusations • Shunning a person • Non-verbal intimidating behaviors • Staring • Mocking • Rolling of eyes • Hyper-critical • Withholding of information Often the behaviors are not openly aggressive. 2014 All Rights Reserved Human Resource Management Services, LLC Bullying Behaviors 8 If you want to know the extent of a problem - look at the statistics. • A survey conducted by the Workplace Bullying Institute in 2014: • 48% of workers are affected by bullying (bullied and witnessed) • 69% of bullies are men • 60% of the workers bullied are women (average when combining male and female bullies) 2014 All Rights Reserved Human Resource Management Services, LLC Bullying Statistics • 68% is female on female bullying • A survey conducted by Harris revealed that only 34% of women reported being bullied 9 2014 All Rights Reserved Human Resource Management Services, LLC Employers’ Reactions to Bullying 10 2014 All Rights Reserved Human Resource Management Services, LLC Coworkers’ Reactions to Bullying 11 • A long term employee plays practical jokes on new employees that are embarrassing and humiliating to the new employee. • An employee is responsible for training, but they conveniently leave out important aspects of the process, causing the trainee to complete the process incorrectly. • An employee hoards the best equipment and threatens anyone who tries to use it. 2014 All Rights Reserved Human Resource Management Services, LLC Is this bullying? 12 Bullying vs. Harassment Harassment is a legal definition that is based upon PROTECTED CLASSIFICATIONS. Harassment/Sexual Harassment laws make it illegal to engage in conduct that substantially interferes with an individual’s work performance or creates an intimidating, hostile, or offensive working environment. Federal Laws • • • • • • • • • • Michigan Law – Elliott-Larsen Civil Rights Act Gender Race National Origin Color Religion Age Disability (mental and physical) Veteran Status Pregnancy Genetic Information Same as Federal PLUS: • Height • Weight • Marital or Family Status 2014 All Rights Reserved Human Resource Management Services, LLC Protected Classifications 14 • Every employer must have a policy that addresses harassment • Must include reporting • Must conduct an investigation • Easier to address 2014 All Rights Reserved Human Resource Management Services, LLC Harassment 15 • Harassment is bullying that attacks a person on the basis of their protected classification. • Gender • Religion • National Origin, etc… • Because typical bullying behavior is not related to an employee’s protected classification, essentially employers do not have a legal liability. 2014 All Rights Reserved Human Resource Management Services, LLC Bullying is ‘Legal Harassment’ 16 • Lost productivity • Turnover • High absenteeism of the victims • Recruiting • Lost communication Negative outcomes for targets of bullying vs. perpetrators is 4:1. 2014 All Rights Reserved Human Resource Management Services, LLC Bullying impacts the workplace 17 • They tend to give the illusion that they are the best performer • They have created an environment that is toxic which impacts the productivity of the staff being bullied • They control the workers and thus control the message to leadership • Bullies tend to have an “entourage” who protect the bully – lest they be bullied • Managers are also bullied 2014 All Rights Reserved Human Resource Management Services, LLC Why do manager keep bullies? 18 • A policy requiring cooperation, respectful communication and treatment of others. • A policy addressing threatening or intimidating behavior, whether direct of implied. • A policy addressing use of social media to communicate to co-workers, not allowing disparaging or threatening comments to be made about co-workers, mangers, etc. • A policy that allows employees options to advise leadership of the bullying behavior in a manner that will not result in any retaliation. 2014 All Rights Reserved Human Resource Management Services, LLC Corporate policy 19 • Establish standards of conduct for your staff and require compliance • Cooperative behavior • Respectful communication • Honesty • Hold employees accountable to uphold these standards • Reinforce good behavior • Address violations 2014 All Rights Reserved Human Resource Management Services, LLC Managing a bully 20 • Know that the bullying is happening • Determine if there is a policy violation • Is this harassment? • Is this a threat? • Direct • Implied • What is the impact of the bullying on the health of the bullied? • Physical • Mental 2014 All Rights Reserved Human Resource Management Services, LLC Managing a bully 21 • Mangers must first be aware • Keep yourself accessible • The behavior is going on right under your nose • Watch for signs • • • • The bully controls the work environment The workforce is divided Some employees say nothing Turnover of newly hired staff 2014 All Rights Reserved Human Resource Management Services, LLC Pay Attention 22 • Take complaints seriously • Investigate • Ask questions and corroborate the statements • Assure protection from retaliation for the: • Complaining employee • Co-worker • Witnesses Follow through with discipline if retaliation of any kind occurs 2014 All Rights Reserved Human Resource Management Services, LLC Pay Attention 23 Address the behavior – of the bully Tier one • From a coaching perspective to initiate a change in behavior • Ask the employee • What do you gain from the SPECIFIC ACT? • What will you lose from the SPECIFIC ACT? • Where do you go from here? • Avoid using the term “bullying” 2014 All Rights Reserved Human Resource Management Services, LLC Two tiered approach: 24 Tier two • From a disciplinary perspective that will result in consequences for continuing the behavior • Formal discipline • Potential for termination • Start the paper trail – you will need it. • If anyone is going to sue you it will be the bully. 2014 All Rights Reserved Human Resource Management Services, LLC Address the behavior – of the bully 25 • Show support for them • Let them know you will not tolerate the behavior of the bully • Maintain open communication • Teach them how to stand up to bully • Remember – they may not be the most assertive of employees 2014 All Rights Reserved Human Resource Management Services, LLC Address the behavior – of the employee being bullied 26 • Address in the hiring process • Communicate the policy • Address violations immediately • Swiftly and decisively • Model the behavior you expect • Be accessible • Take complaints seriously • Educate your staff, manager, supervisors 2014 All Rights Reserved Human Resource Management Services, LLC Prevention Methods 27 • Michigan‘s anti-stalking law prohibits the “ willful course of conduct that would cause a reasonable person to feel terrorized, intimidated, threatened, harassed or molested, and in that actually causes the victim to feel terrorized frightened, intimidated, threatened, harassed or molested.” • Criminal law vs. Civil law 2014 All Rights Reserved Human Resource Management Services, LLC Potential Legal Options 28 Legal remedies • May increase the liability for companies • May result in false claims I prefer to handle from a management perspective 2014 All Rights Reserved Human Resource Management Services, LLC Future Laws 29 Bully: • It’s about them • They hold on to information and knowledge • They take all the credit • They don’t want you to be better than them Demanding: • It’s about the job • You gain information and knowledge • They don’t care about credit • It’s about the job, they don’t care as long as the work is done right 2014 All Rights Reserved Human Resource Management Services, LLC Bully Boss vs. Demanding Boss 30 • Are equally hard on everyone • Do not make it personal • Focused on getting the job done right • Focused on profit, growth, customer service, etc. • Generally acts without malice 2014 All Rights Reserved Human Resource Management Services, LLC Demanding Bosses 31 • Document the incident(s) • Discuss the concerns directly with him or her • Understand it will do no good! • Document the response • Continue to document • Then take it to higher powers – • Knowing it may backfire… 2014 All Rights Reserved Human Resource Management Services, LLC When your boss/manager is a bully 32 • Do not allow it to control your life • Know that you are just one in a long list of bullied employees • Remember you did nothing to deserve this • Look for a job elsewhere 2014 All Rights Reserved Human Resource Management Services, LLC When your boss/manager is a bully 33 Why do bullies bully? • Because it works • Because management allows it • Because it gives them power • Because it gives them control DO NOT LET IT WORK! • Treat employees with respect at all times • Do not allow employees to bully • Listen and act on complaints 2014 All Rights Reserved Human Resource Management Services, LLC What can you do? 34 • Results of the 2014 WBI U.S. Workplace Bullying Survey, www.workplacebullying.org • Dealing with Workplace Bullies, SHRM, Publications, Legal Report, July 1, 2011 • Workplace Bullying and Disruptive Behavior: What Everyone Needs to Know. Safety and Health Assessment and Research for Prevention. Washington State Department of Labor and Industries. April 2011 • Tough Boss or Workplace Bully? Teresa Daniel, H.R. Magazine, Vol 54. No. 6 June 1, 2009 2014 All Rights Reserved Human Resource Management Services, LLC Sources 35