HANDLING BULLIES IN THE WORKPLACE

1. HANDLING BULLIES IN THE WORKPLACE SHRM Annual Conference September 27, 2012 Reggie Belcher Turner Padget Graham & Laney 803-254-2200 rbelcher@turnerpadget.com

2. Reg’s Truism # 1 Happy employees are safer, more efficient, more productive, and cause fewer problems than unhappy employees

3. Reg’s Truism # 2 Happy employees maximize shareholder wealth

4. How Do We Make Employees Happy? • Eliminate negativity • Negative interactions have a fivefold stronger effect on mood than positive interactions

5. Bullying A Problem? • 42% ees report psychological aggression in workplace • 45% ees have had abusive boss • 59% have witnessed workplace bullying

6. Worse Than Sexual Harassment? • “I want to make sure that’s not misinterpreted to mean that sexual harassment didn’t also have negative outcomes; it did. It’s just that bullying was worse.”—Professor Sandy Hershcovis • “Where we are now with workplace bullying is where we were with sexual harassment maybe 20 years ago, before we had key court cases, before we had the major Anita Hill blow-up.”—Professor Suzy Fox

7. Bullying Defined • Repeated, unreasonable actions of individuals or groups • Directed toward an employee or group of employees • Intended to intimidate, degrade, humiliate, or undermine • Creates a risk to the health or safety of an employee

8. Bullying Basics • Abuse or misuse of power • Creates feelings of defenselessness and injustice • Undermines a person’s dignity • Different than aggression (one-time act) • On-going pattern

9. Bullying Basics • Not necessarily illegal • Only 20% of workplace bullying is unlawful discrimination or harassment • Similar to sexual harassment without any sexual overtones

10. Examples • Unwarranted / invalid criticism / blame • Threats / intimidation / dirty looks • Gossip / rumors • Disparate treatment / harassment • Being sworn at / shouted at • Exclusion / social isolation • Excessive monitoring / unrealistic deadlines • Hazing / practical jokes • Sabotage • Cyber-bullying

11. Bullying Affects People • Stress (PTWD) • Absenteeism • Self-esteem / confidence • Musculoskeletal problems • Phobias • Sleep / digestive problems • Depression / anxiety • Family and financial problems • Suicide / murder

12. Bullying Affects Employers • Turnover • Fear / self-preservation • Investigations • Bad publicity • Misconduct / fraud • Legal Liability • Unions • Workplace violence • Destroys productivity, morale and teambuilding

13. Scientific Facts • Jerks hire jerks • Jerks breed jerks • Southerners are more polite • Southerners more prone to lashing out when insulted • We expect powerful people to bully less powerful • Nastiness helps attain power • Lower level ees believe they should express flattery or deference to superiors

14. No Direct Legal Remedy Patterson v. County of Fairfax, 2000 WL 655984, at *5 (4th Cir., May 18, 2000) (stating that courts “cannot construe Title VII to ‘provide a remedy for every instance of verbal or physical harassment in the workplace,’. . . nor can we forge ‘a federal guarantee of refinement and sophistication in the workplace’” and that courts “must also ‘ensure that Title VII does not become a general civility code.’”)

15. No Direct Legal Remedy Title VII “does not provide a remedy for every instance of verbal or physical harassment in the workplace. . . . Co-workers may be ‘unpleasant and sometimes cruel.’ . . . Not every such instance renders the workplace objectively hostile. . . . There simply is ‘no guarantee of refinement or sophistication in the workplace.’” Shaver v. Dixie Trucking Co., 1999 WL 321388, at * 2 (4th Cir., May 21, 1999)

16. Potential Legal Liability Workers’ Compensation (“PTWD”) ADA FMLA Discrimination Harassment Retaliation Outrage Defamation Assault/Battery Negligence Personal liability

17. Prevention Culture Top management Policy Educate Open door Investigate Prompt remedy Discipline Terminate Recruit

18. Other Organizational Considerations Zero tolerance? Top performers Conflict Token jerk Customer/client Boss

19. Notable Companies Barclays Southwest Airlines Men’s Wearhouse Google Turner Padget

20. Southwest Airlines • Follow The Golden Rule • Adhere to the Principles • Treat others with respect • Put others first • Be egalitarian • Proactive • Customer Service • Embrace the SWA Family • Have FUN • Don't take yourself too seriously • Maintain perspective • Celebrate successes • Enjoy your work • Be a passionate team player

21. Are You A Workplace Jerk? Employer successful despite you? Jerk tax? Money / power more important than success? Receive only “good news?” Third-party test Mirror test Silent enemies

22. Reg’s Truism # 3 Everybody answers to somebody

23. You Decide “Nice guys finish last.”—Leo Durocher “The difference between how a person treats the powerless versus the powerful is as good a measure of human character as I know.”—Dr. Robert I. Sutton, The No Asshole Rule

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