Workplace Bullying/Violence

Employer Tips – Prevent Harassment at the Workplace Charges

If you have an anti-harassment policy for your workplace, you may think your business is protected from allegations of a hostile work environment. Not necessarily. Even employers who outline a harassment policy may not be going far enough to prevent or correct harassment at the workplace.

It’s true that employers have an affirmative defense against an employee’s claim of a hostile work environment created by a supervisor. In 1998, the U.S. Supreme Court established that an employer may defend itself against harassment at the workplace charges by proving:

It exercised reasonable care in order to prevent and promptly correct charges of harassment at the workplace by a supervisor.
The worker who filed the complaint failed to take advantage of the preventative or corrective opportunities offered by the employer.

But are employers doing enough to meet the criteria of that defense?

The court system doesn’t think so, especially in regards to proving reasonable care to promptly correct harassment at the workplace. In the 2011 Winchester case, an employer defended itself from a harassment suit by pointing to its Code of Business Conduct, which outlined the company’s anti-harassment policy. The employer provided that anti-harassment policy to workers in a handbook and through the company intranet.

The employer lost the case. Why? Although the company had a policy in print, the court found no evidence that it took any specific courses of action to prevent harassment at the workplace. For example, the court said it found no indication the employer reviewed the policy with employees and supervisors. There was also no evidence the company trained employees on the harassment policy either at the time of their hire or at any time afterward. As a result, the court ruled the employer did not prove it had exercised reasonable care to promptly address harassment at the workplace.

This isn’t the only case in which courts found an employer was not properly preventing harassment at work. The Winchester case cited a series of decisions that had also rejected the argument that an anti-harassment policy alone constituted reasonable care to prevent and correct harassment at the workplace.

What are the responsibilities of an employer in preventing harassment at work?

Adding a harassment prevention policy to an employee handbook is a good start when it comes to preventing a hostile work environment—but it’s not enough. Here are specific actions to consider that may boost your defense against employee allegations:

Implement regular supervisor and manager harassment at the workplace training to ensure everyone understands the company’s anti-harassment policy. Keep track of all session attendees.
Give every employee a copy of the policy. Introduce new hires to the anti-harassment policy during the orientation session.
Discuss and review the policy during regularly scheduled meetings (staff meetings, safety sessions, etc.). Keep records of attendees at those sessions.

The fact that a company has an anti-harassment policy in print may not be enough to defend against costly and time-consuming harassment allegations. Save your company from the potential liability that arises from not properly preventing harassment at work.

Dianne Shaddock is the Founder of Easy Small Business HR, Employee Hiring and Managing Tips. Through the Employee Hiring and Managing Tips podcast, blog, and weekly ‘quick tips’ e-newsletters, Dianne offers expert advice on how to make better hiring decisions, manage difficult employees, develop employee policies, motivate staff, and so much more. No stuffy, corporate HR policy lingo; but straight forward, easy to understand and implement advice for businesses just like yours. Stay ahead of the curve and go to Easy Small Business HR for more tips on how to hire and manage your staff effectively.

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Guest Post: Five Ways Business Owners Can Prohibit Workplace Violence

According to the Federal Occupational Safety and Health Administration (OSHA) over two million American workers are victims of workplace violence each year. Defined by OSHA as violence or the threat of violence against workers, workplace violence can happen at any place or time – no one is immune. For this reason, employers are increasingly concerned about prevention methods.

There are measures business owners can take to help prevent violence and protect their employees. The following are five solid ways an employer can be pro-active:

Zero-Tolerance

Employers should establish a very clear zero-tolerance policy against workplace violence. Make the policy known. Establish a program. Incorporate the information into an existing operating procedures manual and/or employee handbook. Include procedures for handling workplace violence situations and stress that all reports of such incidents will be thoroughly investigated.

Eyes and Ears

Installing security cameras in all areas of a workplace is an ideal approach. However, if it’s not possible to include complete coverage, consider installing cameras in high-risk zones. Stairwells, parking lots, loading docks and points of entry are all locations that could potentially be at greater risk for a violent situation. Workers feel a sense of comfort knowing that a watchful eye is kept on their place of employment.

The Bare Essentials

Employers should require their employees to carry only the minimal amount of funds necessary for any job that requires going into a community setting.

Safety in Numbers

Business owners should try to avoid having employees perform job duties alone in areas that are unfamiliar. This holds especially true for second and third shift work or jobs performed in high-crime areas.

Reachable Resources

Provide accessible resources for employees in need of counseling or other assistance. This can apply to employees who need stress management in their daily lives. Or, it may apply to employees who were the victims of a violent threat or action and require the help of a mental health professional.

Alexis Bonari is currently a resident blogger at College Scholarships, where recently she’s been researching scholarships for Asian students as well as athletic grant programs. Whenever this WAHM gets some free time she enjoys doing yoga, cooking with the freshest organic in-season fare, and practicing the art of coupon clipping.

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Workplace Bullying – An Employer’s Guide

Think bullying is a problem for school kids? Unfortunately, it’s not. Bullying in the workplace is a problem that has challenged many employers and employees, whether it’s in the form of an employee who constantly targets a colleague with derogatory remarks or an assistant supervisor who excessively monitors their employee.

What is the workplace bullying definition?

Federal law doesn’t define workplace harassment, expect as it relates to discrimination. However, a recent New York workplace bully bill defined it as “conduct, with malice, taken against an employee by an employer or another employee in the workplace that a reasonable person would find to be hostile, offensive, and unrelated to the employer’s legitimate business interests.”

Workplace bullying and harassment has a negative effect on your business.

Employers currently do not typically face substantial liability from workplace bullying incidents. Currently legal protections extend to verbal or physical harassment based on race, gender, color, national origin, or religion. However, lawmakers have increased their attempts to provide employees subjected to workplace abuse with a civic cause of action.

Since 2003, 17 states have considered workplace bullying laws. New York introduced a bill in 2010 that was nearly successful and would have made employers liable for remedies including: removal of the offending party from the workplace, reimbursement for lost wages, emotional stress compensation, and punitive damages.

Taking proactive steps now to reduce workplace bullying will not only minimize the impact of future workplace bullying laws, it will also help create a more productive and more positive working environment for your team.

You can take steps to stop workplace bullying in your small business.

1. Bullying policies in the workplace are a smart place to start. Add an anti-bullying policy to your employee handbook. Perhaps the simplest way is to make revisions to the workplace harassment and discrimination policies you’ve already implemented. Include appropriate disciplinary actions for employees who violate the policies as well.

2. Inform the staff of the new workplace bullying policy. Consider also outlining the proper steps for dealing with bullying at work as well as providing guidelines for recognizing the signs of a workplace bully. Red flags include:

Repeated verbal abuse, such as derogatory remarks or insults.
Gratuitous undermining or sabotage of the performance of another employee.
Verbal or physical conduct a reasonable person would consider humiliating, threatening, or intimidating.

3. Take all complaints seriously. When an employee files a complaint, follow the same timely and thorough investigative procedures you would for a discrimination complaint.

4. Enforce the policy. It’s not good enough to have workplace bullying prevention policies and guidelines on paper. Adopt a zero-tolerance attitude toward employees or supervisors who harass others and follow through with appropriate discipline.

5. Consider training supervisor- and management-level employees to recognize the signs of workplace bully behavior in others—and, perhaps, themselves. Also be sure they understand the company’s disciplinary policy for dealing with bullying at work.

Implementing a workplace bullying policy is a win-win for business owners and staff members. You benefit from better protection against potential litigation and your employees benefit from a safer and more productive work environment.

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Disgruntled Employees – Warning Signs & Protection Strategies

The actions of angry employees are more than just news stories.

From stealing sensitive information and compromising data to vandalizing the workplace and, at worst, committing violent acts, having angry employees are a reality that small business owners face every day.

One way to protect your business from the actions of disgruntled workers is to know the signs that could indicate potential trouble.

The 6 Signs of Dissatisfied Employees

Chronic absenteeism
Raising the voice frequently
Depression
Unusual impatience
Increased irritability
Memory or concentration problems

Identifying the signs of unhappy employees is just one part of a strategy to protect yourself, your staff, and your customers.

Of course you want to protect the staff and others from potential physical harm, but having a strategy for dealing with dissatisfied employees will also help boost staff morale, eliminating one of the reasons for employee turnover. Here’s how to get started:

Don’t ignore unusual or inappropriate behavior by an employee. Take action by speaking with your employee to learn what might be troubling him or her. If you don’t feel comfortable meeting with the employee alone, have another manager in the room with you or ask security to be nearby; in another office perhaps if it helps you to feel more comfortable.

When meeting with the staff member, be empathetic when listening to your employee’s concerns, but also be firm and clear that certain behaviors will not be tolerated in the workplace.

In very extreme cases where an employee is clearly violent or threatening, don’t second guess and put your safety or the safety of others at risk. Contact security or the police if appropriate.

Other best practices in support of a secure workplace include:

Reviewing the physical integrity of the workplace.

Ensure doors, windows, and other entry/exit points are secured and the locks work.
Encourage employees to report broken locks on doors and windows.
Check that entry/exit points cannot be easily propped open or otherwise tampered with.
Adopt security measures that guarantee the personal safety of all staff inside and outside the premises.

Provide necessary safeguards for valuable objects, belongings, and information.

Make sure the workplace has adequate lighting inside and outside.
Ensure that common trouble spots, such as reception areas, restrooms, garages, and elevators, are secure.
Protect sensitive and confidential information to prevent security breaches from unhappy employees inside or outside the workplace.

Adopt a formal document destruction policy.

Reduce your workplace’s vulnerability to disruption and violence by formalizing a comprehensive violence prevention program. Your policy for dealing with angry employees should include:

Taking steps to ensure your company’s violence policy is supported by the entire organization, from the interns to the C-suite. In addition, include the policy in your company’s employee handbook.

Don’t wait until an angry employee disrupts your business or harms a colleague.

Know the signs of dissatisfied employees and have the strategies in place to ensure the physical integrity of your workplace and the security of your employees. You owe it to yourself and to your staff.

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