Why you can’t ignore complaints about employee behavior.
Recent allegations by the Miami Dolphins’ 315-pound offensive tackle Jonathan Martin against NFL teammate Richie Incognito sparked nationwide news stories about workplace bullying. Questions have been flying: what did Miami Dolphins management know, and did team executives take any steps to address the concerns Martin raised?
From an employer standpoint, the reports elicit another question: If an NFL lineman in the hard-hitting world of professional football can feel intimidated and diminished by a colleague, what are the potential ramifications for a “regular” employee who believes he or she has been treated the same way in the workplace?
The Dolphins case is focusing new attention on employers’ responsibilities for creating a safe and productive workplace, and also may affect employees’ views about what constitutes bullying.
What Constitutes Bullying?
A 2011 USA Today article reported that, in one survey, nearly 50 percent of employees said they were treated rudely at least once per week on the job, an increase of 25 percent from 1998. A July 2013 Society for Human Resource Management SHRM Online article noted that 25 states had introduced workplace anti-bullying legislation since 2002. (Kansas and Missouri are not among these 25 states.)
The problem with seemingly quick-fix answers like legislation, however, is that
there isn’t a legal definition for bullying, leaving the meaning vague and open to subjective interpretation. Does an executive’s overheard comment that his manager Mike “is weak, and I’m not listening to his solution” constitute bullying?
Or let’s say that four of the five men in a certain department hang out together on Friday nights, regularly go to lunch together and are in the same fantasy football league. Could the department’s excluded employee claim he’s being bullied because he isn’t invited to take part in the others’ social activities? If an anti-bullying law existed, an employer who didn’t make sure the fifth employee was included potentially could be held liable for allowing bullying in the workplace.
This would represent a sea change in employment law. Title VII of the Civil Rights Act protects persons under categories such as age, race and gender. Bullying legislation would create a civility code—and an entirely new category of plaintiffs.
Saying No to Workplace Bullying
Anti-bullying policies have become a trend in workplace manuals over the last few years, but because it’s virtually impossible to cover every scenario in which an employee might feel “bullied,” they’re typically too broad to be effective. Employers are better off to address this issue in their Equal Employment Opportunity policies, adding language that says, in effect, “We expect a higher degree of conduct than required by law. Our employees are expected to treat each other with dignity and respect at all times, without exception.”
Such comprehensive EEO policies also should be communicated clearly and consistently through annual training for all employees and periodic reminders about the company’s stance against any abusive or harassing behavior.
This effort should include:
– Demonstrating from top management down that EEO policy and respectful treatment of all employees is a high priority.
– Communicating that any suspected violation of policy should be reported to management without fear of reprisal.
– Investigating every complaint—regardless of how insignificant it first may appear—and implementing appropriate follow-up action.
– Disciplining those who don’t comply with the established policy, regardless of seniority or position.
Employers sometimes hesitate to address what seems to be an isolated or a minor incident, thinking that a management response is akin to “killing a gnat with a sledgehammer.” But failing to respond, even to a non-specific complaint, can open the company to a lawsuit if bullying reoccurs or escalates. If an incident appears to be unlawful—or simply inappropriate—do something about it. If it’s non-specific, monitor the situation for repeated patterns.
Discussing what is and isn’t bullying is a healthy initiative for any leadership team. It’s a certainty that any real or perceived sense of bullying can reduce employee morale and engagement, which not only affects company productivity, but also can result in talented workers leaving to join the competition.
Most people don’t intentionally treat co-workers poorly, and neither do properly trained managers. Vigilance from management will help ensure that bullying isn’t allowed in the workplace.
