Why Doesn't The US Have Protections Against Workplace Bullying?

Written by Beverly Peterson & Patricia Barnes

“…I have been completely thorough the Workers Comp System and our Legal system which fails us miserably. I was told to my face, ‘We can do Anything We want to you!’”

The deeply tragic and personal tales of workplace bullying are finally garnering the media attention this issue deserves. And with this comes new alternatives in the fight to prevent and address abusive work environments that were inconceivable even a few years ago.

That’s the mission of the recently formed coalition, Protect-US-Workers, a loose-knit bipartisan coalition dedicated to bringing an end to abusive work environments through supportive national legislation. The coalition has tapped into the power of social media to petition the Obama administration to formulate a uniform response that will protect workers in America.

For over a decade, a growing body of diverse scientific research has recognized bullying as a form of workplace violence that costs employees, employers and taxpayers billions each year in lost productivity, absenteeism and health and social welfare costs.

We have created a petition through Care2 to support this cause. Many signers are using the petition as a pipeline to tell their stories directly to President Obama and the Department of Labor in a plea for the simple respect and human dignity that all workers deserve. Here are some of the more poignant comments:

“…I remained seated while the supervisor held him back saying…’Don’t hit him, he’s not worth your job! I’d hit him myself, but I’m holding you back!”

” …I know too well the horrors of being bullied; I think it’s unparalleled in terms of the destruction it causes-mentally, physically, and economically…”

“…I was bullied by my peers, and blatantly had my job given away by management after taking a family medical leave. A year later, STILL struggling to find employment. Funny thing is, I am an R.N. ‘You’re a NURSE? YOU SHOULD HAVE NOOOOOO problem getting a job!…’”

“…This woman screamed at me, swore at me, even threatened me and I had absolutely no recourse. I went to HR and they went right back to her and told her of my complaints. The abuse got worse. I am still dealing with the effects this had on my health, including hypertension and hair loss. There really ought to be a law that would protect workers from this type of treatment and give us some sort of recourse….”

“…I was a victim of workplace bullying, asked to quit my job, because my employer could not solve the issue. I did so only to find myself unemployed for 14 months, depressed in debt, defaulted loans and I lost the job I loved because this form of harrassment is LEGAL. Remember the golden rule….”

“…I was bullied severely in my last job. I finally went on medical leave when, as I was driving to work, I thought about ramming my car into a tree so I wouldn’t have to face the abuse. Luckily, I’m in a much better place now, where people are respectful and decent….”

“Please Mr President, don’t forget us. This is not to be taken lightly. It is an epidemic and causes health issues, death, and a lot of expense on the part of the criminal employer. Everyone loses.”

America lags far behind other industrialized countries on this issue. Sweden adopted a workplace anti-bully law in 1993. The 32 countries of the European Union agreed in 2007 to require employers to prevent and protect workers from workplace bullying. Workers in Turkey and Estonia have protection from workplace bullying – why don’t we?

Currently, state opposition to a legislative solution has centered around the corporate lobbyist argument that regulating bullying will force businesses to flee the state. A national response would insure that no single state bear the burden of protecting their workers from psychological harassment.

A 2011 survey by CareerBuilder found that 27 percent of American workers report having been bullied in the workplace. The short-term impact of this form of abuse is severe anxiety, depression, insomnia, etc. The long-term impact of high stress is chronic disease, including cardiovascular disease.

The vast majority of targets have little or no legal recourse. For many, the only hope is to quit and face chronic unemployment.

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Photo from Thinkstock

Disclaimer: The views expressed above are solely those of the author and may not reflect those of
Care2, Inc., its employees or advertisers.

Kathy P.

10:03AM PST on Feb 27, 2012

its bad when people in charge are given too much power. I have had issues of my own in places I worked... sometimes they value a dollar more than they value another human being

send a green star

Shel G.

6:35AM PST on Feb 27, 2012

I have to admit that I find the concept of protecting employees from "bullying" by way of a law a bit troubling. You can't legislate "being nice." We're not children in a schoolyard. I am entirely sympathetic with people who have had rotten abusive bosses. I certainly have been on the receiving end of abusive behavior myself: in one of my first jobs, after taking one day off to attend the funeral of a close friend, I was told "... get over it - everybody dies!" That was just the tip of the iceberg in that particular job, and I've had other jobs where I was subjected to really inappropriate behavior. I agree - it's awful being on the receiving end of abusive or inappropriate behavior from bosses or colleagues. But I totally disagree that the way to address it would be by invoking a "anti-bullying" law, which would be a time-wasting and incredibly expensive exercise to prove something subjective.

KS G.

12:09AM PST on Feb 25, 2012

Thanks for the article.

Midge C.

6:49PM PST on Feb 24, 2012

i know exactly how that feels. i work where the plant manager had relations with a married woman and eventually they got married. his wife is given special consideration in her job even though she can barely read and cannot write in english. the married production manager asked for an assistant, and guess what, a dingy younger married woman applied and they began a relationship, divorced they're spouses and married. Again the wife was given promotions to jobs offering more money over others. The plant manager has decide to go after me on a nearly weekly basis, looking for mistakes or faults, and using passive aggressive techniques...I would complain to HR but guess what....he's also head of HR Dept....it would almost be funny if it wasn't so pathetic. I am an excellent employee and have been there even longer than either of these 2 men. I try and move past most of it, but frankly after years it is actually very creepy. but I'm not going to quit.....and tho I win all the battles in long run, it is exhausting and makes for loss productivity. Using power for personal vendetta's is NOT good for any company. But when someone becomes fixated on another person it is very very creepy and wrong.

Barbara V.

6:37PM PST on Feb 24, 2012

In the name of decency they certainly should. But how many give a darn about the fate of women? How many would laugh instead of help? ,

Ana G.

7:42PM PST on Feb 23, 2012

Why is bullying in the workplace any different than any other bullying?

Prosecute it no matter where it takes place.

Easton P.

4:14PM PST on Feb 23, 2012

@Kathleen Thank you for the insight... It has occurred to me, even as bitter and resentful as I am, that we have to stop not only bully behavior but also stop this "bully witch hunt" if we are to achieve actual resolution of the proglem. -E.

Kathleen B.

3:56PM PST on Feb 23, 2012

It's important to note that we're asking the fox to guard the chicken coop. As someone who works with bullies to help them behave and stop using their scare tactics to control others I have developed a system for identifying the type of behavior (yep, they're not all the same type) and then the best response. Here's my model:
Behavior we call “bullying” is more complex than that. Much, much more. Here is my proprietary model of the five most common types of aggressive behavior.

# 1 Abrasive Behaviors: Abrasive people are really unaware of their behavior. They are always shocked and upset when someone accuses them of bullying. They have empathy for other but lack self-awareness. They are easy to coach and they respond to good coaching.

#2 Manipulative Leaders: These bullying types believe aggression improves productivity. Manipulative leaders lack empathy for others and are tough clients but they can learn new management styles.

#3 Troubled People: Those with a true “character disorder” do not respond to coaching and perhaps not even therapy. If employers want to keep these people because they know their work and produce, then it’s best to remove them from management responsibility.

#4 Strategic Aggressors: Strategic aggressors know what they are doing and are aggressive because they are trying to win. You’ll find them in highly competitive fields such as law, medicine, or academia. No empathy here. But, the attacks are not person