Preventing workplace bullying

I’ve heard time and time again from my friends that their kids have dealt with in-person and online bullying.

Unfortunately, bullying does not stop when you graduate from school. According to the Workplace Bullying Institute, nearly 80 million workers have been affected by workplace bullying. From that count:

• About 30 percent said they have personally experienced bullying, and an additional 19 percent said they have witnessed it.
• Remote workers were more likely to say they’ve been bullied (43 percent, with 50 percent occurring during online meetings and 9 percent through email).
• Sixty-five percent identified their boss as being a bully, 21 percent said a coworker was a bully, and 14 percent said a subordinate was a bully.

To make matters worse, many stuck in this situation are unable to just “move away.” That begs the question, how can you overcome these sobering statistics? To help foster a healthy, safe and welcoming work environment, employers should consider creating robust policies that address abusive conduct. These policies provide concurrent benefits: (1) they strive to improve employee morale; and (2) they help create a legal defense for employer if the bullying becomes illegal. (Any time that bullying relates to an employee’s protected characteristic, it could potentially lead to a claim under Title VII or other federal, state, or local anti-discrimination laws.)

While employment laws are not general civility codes, employers can establish their own guidelines and expectations (just be sure these rules don’t run afoul of applicable employment and labor laws, like the National Labor Relations Act). Outlined below are seven steps that employers can take to go beyond just checking a box for legal compliance, to create a healthy, vibrant, productive workplace culture, which could increase employee retention.

Focus on the Big Picture: Prioritize structural and systemic prevention of bullying. Systemic prevention is the cornerstone of building and maintaining healthy organizations.

Define Clear Expectations: Establish policies that clearly outline acceptable and unacceptable behavior. Use real-life examples relevant to the workplace to ensure everyone understands the boundaries.

Consistency is Key: Inconsistent enforcement of policies can undermine morale and reduce their effectiveness. Moreover, failing to apply rules uniformly can expose employers to legal risks.

Invest in Training: Consider integrating anti-bullying measures into your existing harassment prevention programs. In some states, like California, this is not just recommended but required for employers with 50 or more employees.

Create a Reporting Process: Employees need to feel comfortable raising concerns. The EEOC emphasizes that employers should establish clear reporting channels and ensure that staff know who to contact when issues arise.

Investigate Complaints Promptly and Thoroughly: Take every complaint seriously. Assign experienced personnel or teams to handle investigations, ensuring that all concerns are addressed with the appropriate level of care.

Regularly Assess Company Culture: Conduct ongoing evaluations of the organizational culture. This proactive approach can help detect early signs of toxicity, allowing for timely intervention.

The pain of bullying, whether on the playground or in the office, can leave deep scars that affect a person’s well-being and expose companies to lawsuits.

By implementing these steps, employers can create a workplace where individuals feel valued and protected.

Stephen Scott is a partner in the Portland office of Fisher Phillips, a national firm dedicated to representing employers’ interests in all aspects of workplace law.