Wednesday, September 15, 2010

The "No Asshole Rule"

The title is rather eye-catching isn't it? I was browsing the business section of Barnes & Noble Bookseller recently, specifically looking at books relating to Human Resource issues, and I ran across this little gem. Curious, I picked up the book and read the inside cover. It's "the definitive guide to working with - and surviving - bullies, creeps, jerks, tyrants, tormentors, despots, backstabbers, egomaniacs, and all the other assholes who do their best to destroy you at work."

Bullying in the workplace has become a hot topic over the past few years. It's something that no longer happens in just the schoolyard. Bullying can be covert or overt as described by Tim Field (see the "Serial Bully"). "Bullies are deeply prejudiced but at the same time sufficiently devious to not reveal their prejudices to the extent that they contravene laws on harassment and discrimination."

On July 30, 2010 at the University of Virginia, the 52 year old managing editor of the Virginia Quarterly Review committed suicide. Co-workers said they had "warned" university officials about his growing despair over workplace bullying.

Is this an isolated incident? Perhaps not. Workplace Bullying is a problem because it has invaded the life of 37% adult Americans. It disrupts the persons' immediate job and career. In its more severe forms, it can trigger stress-related health complications. Complications such as hypertension, auto-immune disorders, depression, anxiety and even PTSD.

As an employer, how do you identify Workplace Bullying? Workplace Bullying is defined as repeated, health-harming mistreatment of one or more persons (the targets) by one or more perpetrators that takes one, or more, of the following forms: verbal abuse, offensive conduct/behavior (including nonverbal) which are threatening, humiliating or intimidating. And, last but not least, work interference - sabotage - which prevents work from getting done.

There is a grass-roots movement in many states to pass anti-bullying laws. "Workers' rights advocates have been campaigning for years to get states to enact laws against workplace bullying, and in May they scored their biggest victory. The New York state senate passed a bill that would let workers sue for physical, psychological or economic harm due to abusive treatment on the job. If New York's Healthy Workplace Bill becomes law, workers who can show that they were subjected to hostile conduct - including verbal abuse, threats or work sabotage - could be awarded lost wages, medical expenses, compensation for emotional distress and punitive damages." (Time Magazine, July 21, 2010)

Are the courts taking notice? Yes. In 2008, the Indiana Supreme Court struck a blow against workplace bullying when it upheld a $325,000 verdict against a cardiovascular surgeon. A medical technician who operated a heart and lung machine during surgery accused the surgeon of charging at him with clenched fists, screaming and swearing. The formal legal claims were intentional inflection of emotional distress and assault, but the plaintiff argued it as a bullying case, and had an expert on workplace bullying testify at trial.

Check back with me for Part II!