massachusetts healthy workplace bill

There’s Gonna Be A Law!

Workplace Bullying

The Campaign to Enact the anti-bullying

WBI DefinitionWork•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

Who Is Targeted?

WBI U.S. Natl2007

$$$ 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?

BULLIES ARE

TOO EXPENSIVE

TO KEEP!

A rational, evidence/data-based truth

U.S. Employers’ Response to Bullying

Employers Mostly Ignore It

18%

44%32%

Made W orse Did Nothing Helped/Tried

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.

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

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 Massachusetts:

•House Bill 2310, filed by Representative Ellen Story•Senate Bill 916, filed by Senator Katherine Clark•Heard before the Joint Committee on Labor and

Workforce Development, July 14, 2011. •Contact your State Representative and State Senator and ask them to support H.2310/S.916 (The Healthy Workplace

Bill!

workplacebullying.org