There’s Gonna Be A Law!

Workplace Bullying

The Campaign to Enact the anti-bullying

WBI Definition

Work•place Bul•ly•ing n

verbal abuse, or

threats, intimidation, humiliation, or

work interference, sabotage, or

exploitation of a known vulnerability, or

a combination of any

repeated, health-harming mistreatment by one or more people of an employee by:

2010U.S. Workplace Bullying Survey

THE SECOND RESPRESENTATIVE STUDY OF ALL ADULT AMERICANS

U.S. Prevalence

50% No Experience

9%

Current

15%

Witnessed Only

26%Been Bullied

WBI U.S. Natl2010

WBI U.S. Natl2010

Bullying of Men & Women by Women & Men

38%

62%

WBI U.S. Natl2010

Bullying Worsens in Tough Times

27 %

MORE

Abusive

67 %Unchanged

5 %Less

WBISummer 2009

It’s True -- Most Bullies Are Bosses

Bosses72%

CWs18%

Bottom Up10%

WBI U.S. Natl2007

Retaliation37%

Who Is Targeted?

WBI U.S. Natl2007

Retaliation37%

$$$ Impact on Organizations

Tangible Employer Costs

Turnover and Replacement Costs

Absenteeism, Presenteeism

Fatigue-Caused Errors & Accidents

Fouled Team Productivity

Litigation/Arbitration/Settlement Expenses

Workers Comp / Disability

Estimating Employer Costs

9% of workforce is currently

bullied

66% of women targets lose jobs

Bullying accounts for 6%

preventable workforce loss

Replacement = 2 x salary

To replace a $50,000 salaried worker costs

$100,000

Assume a staff of 100 at that pay rate

Due to bullying, 6 people are lost

Cost to replace is $600,000

Is this an affordable cost?

Retaliation37%

BULLIES ARE

TOO EXPENSIVE

TO KEEP!

A rational, evidence/data-based truth

U.S. Employers’ Response to

Bullying

Employers Mostly Ignore It

WBI U.S. Natl2007

Bullies Bully with Impunity

No consequences54%

Rewarded28%

Investigated14%

Punished/Terminated 4%

WBILabor Day 2009

The Comprehensive Programto Prevent & Correct Workplace Bullying

Assess Pre-Change Prevalence

Collaboratively Create an Anti-Bullying Policy

Design Enforcement Procedures applicable to all

Train a Peer Expert Team

Educate everyone -- Board to Temps

Incorporation, Integration & Impact Evaluation

© 2010 Work Doctor®, Inc.

Retaliation37%

There OughtaBe a Law!

Laws Dictate Compliance

Laws

POLICIES

ENFORCEMENT

Prevention &Correction

Current Anti-Bullying Laws

Sweden: Victimisation At Work, 1994

France: Modernisation At Work, 2002

UK: Harassment (’97) & UN-HR Covenants

Australia: 1997 onward

Canada: Quebec (’04), Sask (’07), Federal (’08), Ontario (’10), Manitoba (’11)

Victoria, Australia -- CRIMINAL (’11)

U.S.: nothing, 0, zip, nada

Retaliation37%

Support

64%

Support for a Law?

Oppose

24%No Opinion

12%

WBI U.S. Natl2010

Introduced in 21 States since 2003

The U.S. Anti-Bullying

Legislative Campaign

It will be unlawful to subject an employee to an

‘abusive work environment’

Abusive conduct is malicious,

repeated mistreatment (verbal

abuse, threats, intimidation,

humiliation, work sabotage,

exploitation of a known vulnerability)

that results in demonstrable health

harm or negative employment

decisions

Affirmative Defensives for Good Employers

• Right to discipline poor performers• Right to terminate for illegal activity• No vicarious liability when policy &

enforcement procedures in effect and are used

Right to Sue Individual Bullies

The National Grassroots Campaign

Status of the HWB in our State