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Employ Respons Rights J,DOI 10 1007 s10672 009 9140 4. Workplace Bullying A Review of Litigated Cases,William Martin Helen LaVan. Springer Science Business Media LLC 2009, Abstract Using policy capturing methodology this study examined the nature of. workplace bullying in a random sample of 45 litigated cases in the United States Among. the findings were that most of the cases were in the District Court Nearly one fifth of the. cases involved physical violence the majority of the cases were in the public sector and the. supervisor was the perpetrator in many of the cases The presence of a policy banning. workplace bullying was present in slightly more than one third of the cases A striking. finding was that 73 3 of the cases were found in favor of the employer as the defendant. These findings support the fact that even though there are no specific workplace bullying. laws in the U S victims of workplace bullying can be legally protected Implications for. managerial practice and future research are suggested. Key words workplace bullying litigated cases managerial style judicial opinion. Relevance of Study, The role of organizational research is to identify relationships in organizational contexts and. provide information for managerial decision making Given the pervasiveness of bullying. and the potential negative effects of it both from an individual and organizational basis it. becomes more imperative that research be conducted To date research on bullying has. tended to be based on experimental designs in which subjects are asked to report the. existence of contextual factors relating to bullying in contexts that have been devised for. the research study Another stream of research is based on surveys in which likely victims. or knowledgeable professionals such as human resource professionals are asked to report. their experiences Often these are in one organizational setting and do not take into account. W Martin H LaVan, Department of Management College of Commerce DePaul University 1 East Jackson Blvd Chicago.
IL 60604 USA,e mail martym depaul edu,e mail hlavan depaul edu. Employ Respons Rights J, the legalities Hence there is a paucity of research relating to the litigation of bullying. Granted that these court cases are perhaps the extremes of bullying they are real scenarios. in which organizational members were unable to resolve the bullying behaviors and or. consequences and subsequently litigated The contribution that this research makes is to. discern the bullying in a variety of different contexts through litigation rather than through. the other methodologies These are real incidents that have transpired and are reported on. by a more objective third party i e the judge writing a judicial opinion What makes the. study of more interest is that in the U S there are no specific laws that regulate bullying so. this litigation is based on a variety of other laws and tort actions. Review of the Literature, A brief review of the literature as it specifically relates to the U S context in general and the. U S legal context in particular will be presented below after first discussing the current. controversy surrounding the definition of workplace bullying as a theoretical construct and. an operational definition Shadish et al 2002 illustrate similar definitional confusion. resulting in challenges to construct validity surrounding the label hostile work. environment This definitional challenge is not limited to the study of workplace bullying. More exhaustive literature reviews have been written elsewhere Hoel et al 2006. Einarsen 1999 2000 Rayner and Hoel 1997 This review will not address the ethical. aspects of workplace bullying which have been previously addressed by LaVan and Martin. To date there is no agreed upon universally accepted definition of workplace bullying. Yuen 2005 This presents problems as it relates to comparing studies both within any. particular country and across countries For instance without such a consensus definition it. is a challenge to know whether the incidence and prevalence of workplace bullying is. increasing or decreasing, Not only is a consensus definition non existent but different terms are used to describe. the same phenomenon for instance workplace aggression workplace abuse workplace. bullying and workplace harassment to name a few Schat et al 2006 reconcile this. definitional dilemma by pointing to the fact that the behaviors that constitute workplace. aggression are generally consistent with the behaviors that constitute these related. constructs p 49, Furthermore different disciplines rely upon varying definitions of workplace bullying.
In the psychological literature workplace aggression is more typically found and is defined. by Schat and Kelloway 2005 as behavior by an individual or individuals within or. outside an organization that is intended to physically or psychologically harm a worker or. workers and occurs in a work related context p 191 In the legal literature and industrial. relations literature Hoel et al 2006 workplace bullying is more typically found In the. landmark case of Raess v Doescher No 49 S02 0710 CV 424 Indiana Supreme Court. April 8 2008 the case in part turned on the question of the admissibility of Dr Gary. Namie as an expert on workplace bullying and the legal definition of workplace bullying. which did not exist in any statute or case law until the Indiana Supreme Court ruled in favor. of the plaintiff In an analysis of the legal opinion of Raess v Doescher the term. workplace aggression did not come up in a single instance the term human aggression. did not come up in a single instance nor did the term aggression However the term. workplace bullying came up in 22 separate instances Given that this research is based. upon litigated cases we shall adopt the construct used in Raess v Doescher. Employ Respons Rights J, Some may agree with Justice Potter Stewart s famous definition of pornography when he. said I know it when I see it This definition reflects tautological reasoning and does not. guide researchers in advancing scholarship in workplace bullying Browne and Smith. 2008 assert that the definition promulgated by The Workplace Bullying Institute which. prepared the Healthy Workplace Bill now being considered in 29 state legislatures is. considered the universal definition This definition describes workplace bullying as. repeated health harming mistreatment The Workplace Bullying Institute 2009. The Workplace Bullying Definition is conceptually consistent with other definitions. found in the literature This definition includes three important elements 1 frequency 2. impact on health and 3 treating others in a less than preferred fashion according to some. benchmark Hoel et al 2006 assert that the two elements that characterize the many. diverse definitions of bullying are persistent behaviour and unequal power relation. ships p 255 Hoel et al 2006 also note that the concept of power crosses disciplines in. the study of workplace bullying A growing body of empirical evidence demonstrates that. workplace bullying has deleterious health effects both physically and psychologically. Rayner et al 2002 Bowling and Beehr 2006 Nielsen et al 2008 consequences which. shall be addressed in more detail later, The operational definition used in this study is based not only on The Workplace. Bullying Institute definition but further upon the definition offered by Salin 2003 below. and the conceptual framework also posited by Salin 2003 repeated and persistent. negative acts towards one or more individual s which involve a perceived power. imbalance and create a hostile work environment Bullying is thus a form of interpersonal. aggression or hostile anti social behavior in the workplace p 1214. Salin posits a conceptual classification as a way of explaining workplace bullying Salin. 2003 In this classification scheme there are three interrelated structures enabling. structures1 or antecedents motivating structures2 or incentives and precipitating processes3. or triggering circumstances Bullying can thus be understood as the result of an interaction. between three groupings of explanators or at least two of them Salin 2003 page 1226. According to Salin 2003 the enabling structures or antecedents are a necessary condition. for workplace bullying to occur whereas either the motivating structures or the precipitating. processes may occur but not necessarily both Salin s 2003 conceptual classification was. used as the basis to code the characteristics of the litigated cases in our sample which will. be discussed in more detail in the methods section This classification is based upon a. conceptual model which posits that organizations play a role in bullying in three ways. enabling motivating and triggering factors Hoel and Salin 2003 Similar to these three. organizational factors leadership or managerial styles are implicated in some research as. playing roles in bullying Ironside and Seifert 2003 Lutgen Sandvik et al 2007 for. instance a highly authoritarian or laissez faire style Salin 2003 Researchers in the U K. Presence of dissatisfaction frustration with working situation organizational climate Perceived status. incongruence power imbalance Autocratic style of management Low perceived costs for the perpetrator. Laissez faire leadership style Lack of policy against bullying Lack of punishment Bullying seen as a rite of. passage Efficient means of accomplishing tasks, High internal competition Politicized climate Relative ranking incentives rewards Form of discipline for. those who are perceived to violate established production norms Constructive discharge Expected benefits. for perpetrator, Restructuring downsizing crises Organizational changes Changes in management Changes in. composition of work group Cost cutting Reengineering Employees who feel powerless Delegation of. control to semi autonomous teams Promotion of the perpetrator Arrival of a new manager. Employ Respons Rights J, Lewis 2006 and in the U S Rowe and Sherlock 2005 have reported that in some.
instances managers are the source of workplace bullying. Prevalence of Workplace Bullying, Bullying is a pervasive workplace problem Bullying has been reported to occur in. organizations ranging from health care organizations Einarsen et al 1998 to arts. organizations Quigg 2007 Schat et al 2006 acknowledge the dearth of prevalence data. on workplace aggression which they assert is a higher order construct that includes. workplace violence and is thus related to workplace bullying As already highlighted the. focus of this paper is on workplace bullying based primarily upon legal constructs and. secondarily based upon psychological constructs, Numerous epidemiological investigations have been conducted seeking to estimate the. prevalence of workplace bullying U S prevalence data is collected in two major ways. occurrence data using behavioral checklists and self report data Cowie et al 2002. Lutgen Sandvik et al 2007 In the United States there is no generally agreed upon. prevalence statistic To this point Lutgen Sandvik et al 2007 comment that. U S prevalence data is generally lacking and that the data that exists does not measure. the prevalence of the persistent enduring phenomenon of bullying using a tool. specifically designed to measure bullying p 842, Given the limitation regarding estimating workplace bullying prevalence there are. several investigations worthy of attention In one investigation it was found that nearly all. 97 of the respondents all of whom were Hispanic African American and Asian. American experienced bullying at work Fox and Stallworth 2003 In another workplace. bullying investigation with a sample of 262 ethnic and racial minorities in the United. States it was found that 10 2 of the respondents filed a grievance or EEO lawsuit Fox. and Stallworth 2003 According to the Bureau of Labor Statistics 2005 Survey of. Workplace Violence Prevention 2006 one in twenty 5 of all surveyed workplaces. reported an incident of workplace violence in the previous 12 months In this survey. workplace violence was defined as violent acts directed towards a person at work and. included bullying, At the extreme according to the Census of Fatal Occupational Injuries produced by the. Bureau of Labor Statistics 2007 workplace homicide in 2006 was the lowest it has ever. been since 1992 with 516 homicides being reported at work representing a 50 decrease. since the peak number in 1994 The focus of this research however is not on workplace. homicides and not on matters that would be brought to criminal courts The 45 cases in this. study were all civil not criminal cases, Another interesting aspect of reviewing the prevalence of workplace bullying is to.
examine investigations looking at settings where workplace bullying is more likely to. occur such as among public sector employers Unison 2000 Hoel et al 2004 Also in a. meta analytic study Bowling and Beehr 2006 women have been found to more likely be. victims of workplace bullying, Bullying is also a global phenomenon Some researchers Mikkelsen and Einarsen 2001. Zapf and Einarsen 2003 suggest that workplace bullying is more prevalent in the U S due. to the cultural values of the U S which emphasize individuality assertiveness masculinity. and achievement as well as a relatively higher power disparity than is found in. Scandinavian culture Based upon The American Workplace Survey it was estimated that. workplace negativity is higher in the U S than comparable Scandinavian populations with. Employ Respons Rights J, 30 35 of U S workers experiencing a negative act at least once a week over a 6. 12 month period Lutgen Sandvik et al 2007 To a lesser degree in a recent. epidemiological study estimating the prevalence of bullying using the Danish Psychosocial. Work Environment Study DPWES on a representative population sample it was found. that 8 3 of 3 429 sampled employees between 20 and 59 years of age had been bullied. within the past year Furthermore 1 6 of the sample reported daily to weekly bullying An. interesting finding was that the prevalence of bullying differed in a statistically significant. way by occupational status as evidenced by the highest prevalence among unskilled. workers and the lowest prevalence among managers supervisors Ortega et al 2009. One of the differences that arise with regard to workplace bullying is that Zapf and. Einarsen 2003 found that bullying in Scandinavian countries typically takes place among. co workers to a greater extent than in the U S and the U K in which 10 38 of the bullies. at work are managers or supervisors Hoel et al 2001 Lutgen Sandvik et al 2007. Yamada 2004 discusses the legal differences in addressing workplace bullying ranging. from laws being in place in Scandinavian countries such as Sweden and Norway to. countries with no federal statutes addressing workplace bullying such as the U S Yamada. Effects of Workplace Bullying, The link between workplace bullying and concomitant psychological and physiological. consequences has been well established in the literature Lutgen Sandvik et al 2007 posit. a continuum of workplace bullying similar to the conceptualization of first second and. third degree burns Along this continuum the psychological and physiological effects. increase in intensity For instance at the highest level bullying is likened to a third degree. burn Lutgen Sandvik et al 2007 resulting in deep scarring and permanent damage. Lutgen Sandvik et al 2007 In fact it has been asserted that T he inducement of harm is. an essential and necessary component in all definitions of bullying Saunders et al 2007. The psychological effects include depression Niedhammer et al 2006 burnout. Einarsen et al 1998 post traumatic stress disorder Leymann and Gustafsson 1996. prolonged duress stress disorder Scott and Stradling 2001 alcohol abuse Richmann et al. 2001 Rospenda 2002 and suicide Leymann 1990 Niedhammer et al 2006 describe. workplace bullying as a risk factor for maintaining mental health. The effects of workplace bullying are not limited to psychological and physiological. consequences but also interpersonal and familial consequences Jennifer et al 2003 Rayner. et al 2002 Tracy et al 2006 Moreover the effects of bullying are not only limited to the. targets but also impact the witnesses of bullying Vartia 2001 in terms of experiencing. general stress and mental stress, After experiencing the effects of workplace bullying victims will engage in various. coping strategies A useful model that has been used in the psychological literature of. workplace victimization including bullying Aquino and Thau 2009 is the transaction. model of stress Lazarus and Folkman 1984 which describes two coping strategies. problem focused and emotion focused This model of stress was used in an investigation. seeking to understand why women litigate sexual harassment claims Wright and Fitzgerald. 2007 Pursuing a legal cause of action fits under the category of problem focused coping. because it can be argued that the victim is doing more than seeking to manage the. emotional consequences of the workplace bullying and trying to eliminate the source of the. Employ Respons Rights J, stress by defending himself or herself and seeking revenge in the courts On other hand.
Huang 2008 found that T ort victims may sue to pursue justice meaning or. vengeance p 55 This fits with emotion focused coping Hence it is likely that those. pursuing causes of action in the court system are using the court system as a way to cope. To date there is no literature on the percentage of victims of workplace bullying who file. causes of action in the court system However it was found that only 1 of victims of. sexual harassment file causes of action Fitzgerald et al 1997 It was also found that. litigants of sexual harassment experience a myriad of emotional responses Wright and. Fitzgerald 2007 p 81 and suggests that many litigants of workplace claims suffer from. Narcissistic Personality Disorder,Study Methodology. While there are a variety of mechanisms in place in organizations to ameliorate workplace. bullying when these fail the individual can pursue his or her workplace rights by litigation. How the bullied fared in this litigation is the main rationale for the study. This study used policy capturing methodology Roehling 1993 Werner and Bolino. 1997 to identify case characteristics that are related to case outcomes The current study is. based on an analysis of a random sample of 45 cases from 273 cases from 2003 to 2007 that. have been litigated based on individuals who were bullied and ultimately litigated. These cases were retrieved using Lexis Nexis over the past 5 years Lexis Nexis legal. was selected for the source of the litigated cases for a variety of reasons It is widely. accepted in the business and legal communities as the source of comprehensively included. cases at the state district federal and Supreme Court levels It has been the source of data. for many previous studies cited in the literature review of the present study. The use of coding in the analysis of public decision is well established in the literature. Rowland and Carp 1996 Carp and Rowland 1983 Similar coding methodology has. been used in comprehensive decision datasets Spaeth et al 1999 In this study the. coding of the variables is described in Appendix I In general when a condition was. present it was coded as 1 When absent it was coded as 0 Both the case characteristics and. the variables that comprise the Salin conceptual framework are coded in a similar manner. See Appendix II for the coding of the Salin variables. This section will first report the empirical findings of this study and then turn to a. qualitative analysis of two illustrative cases to provide a sense of depth richness and. texture to the topic of workplace bullying, Based upon a sample of 45 litigated cases spanning 5 years the results will be described. Frequencies, This descriptive analysis of the findings will be organized into the following sections. beginning with court venue legal considerations followed by case characteristics. participant demographics then the nature of the bullying using Salin s 2003 explanatory. model and finally the individual and organizational effects as well as managerial actions. Employ Respons Rights J,Court Venue Case Outcome, As portrayed in Table 1 our findings indicate that 73 3 of the cases were at the District. Court rather than the lower courts or the Supreme Court A significant finding is that the. employer prevailed in 73 3 of the 45 litigated cases reviewed Only 4 4 of the cases. were remanded None of the cases reported monetary damages. Case Characteristics, Two out of three 66 7 of the cases occurred in the public sector Also nearly two out of.
three 60 5 took place in the service sector in contrast to the manufacturing sector. 11 6 Within the service sector nearly one in three 27 9 of the cases took place in. schools Beyond the setting the majority of cases referred to only one bully 71 1 and. one victim 60 Moreover the supervisor manager was identified as the perpetrator in. more than half 55 6 of the cases and as the victim in slightly more than one tenth. 11 1 of the cases In more than half 53 3 of the cases a third party was also. identified The majority 80 of the cases involved behavior entirely on the job. With respect to union characteristics and employer policy considerations it was found. that the union was mentioned in less than one fifth 18 2 of the cases Arbitration was. mentioned even less at 6 7 of the cases In terms of duty of fair representation and unfair. labor practices each of these was mentioned in less than one in twenty cases with duty of. fair representation at 2 3 and unfair labor practices at 2 2 In terms of employer policy. considerations three in twenty 15 6 of the cases referred to a code of conduct and. slightly more than one in ten 11 1 referred to a bullying and or disruptive behavior. policy Only 2 2 referred to an ethics policy,Demographics. In terms of demographics males 73 3 were more likely to be bullies and even victims. 55 5 Interestingly less than half 40 0 of the bullies were Caucasian yet less than one. fifth 20 of the victims were Caucasian In the majority 71 1 of the cases there was a. single bully reported and slightly less than two thirds 60 of the cases there was a single. victim reported Thus there are cases in which there are multiple bullies and multiple victims. Nature of Bullying, Based upon Salin s 2003 characteristics which define workplace bullying the top five in. descending order found in these 45 litigated cases were as follows perceived status. incongruence power imbalance 84 4 low perceived costs for the perpetrator lack of. policy against bullying verbal aggression all tied at 64 4 and lack of punishment 53 3. It is noteworthy that one fourth 24 4 of cases reported acts of physical violence. These findings related to the nature of bullying can be further categorized into overt. bullying behaviors to more subtle bullying behaviors The prevalence of the overt bullying. behaviors in descending order is as follows verbal aggression 64 4 interpersonal. aggression 42 2 acts of physical violence 24 4 and antisocial behavior in the. workplace 15 6 In contrast the prevalence of the more subtle bullying behaviors in. descending order is as follows excessive criticism 44 depriving responsibility 13 3. social isolation 11 1 tied at 4 4 are rumors attacks on private life as well as. withholding information and finally silent treatment 2 2. Employ Respons Rights J,Table 1 Table of case frequencies. Variable Frequency in sample,Case Characteristics Court level District 73 3. Sector Public 66 7,Employer type Manufacturer 11 6 Service sector.
not school 60 5 School 27 9,Number of bullies One 71 1. Number of victims One 60 0,Manager Supervisor the victim 11 1. Manager Supervisor the perpetrator 55 6,Third party 53 3. Number of third parties Zero 65 0,Union involved 18 2. Arbitration involved 6 7,Duty of fair representation 2 3.
Unfair labor practice 2 2,On vs off job behavior Entirely On Job 80 0. Ethics policy 2 2,Bullying disruptive behavior policy 11 1. Codes of conduct 15 6,Demographics of Bully s status Employee 80 0. bullies victims Victim s status Employee 82 2,Bully s gender Male 73 3. Victim s gender Male 55 6,Bully s race ethnicity Caucasian 40 0.
Victim s race ethnicity Caucasian 20 0, Nature of Bullying Persistent Repeated negative acts toward 73. one or more individual,Perceived power imbalance 35 6. Hostile work environment 53 3,Interpersonal aggression 42 2. Antisocial behavior in the workplace 15 6,Between members of the organization 28 9. Social isolation 11 1,Silent treatment 2 2,Rumors 4 4.
Attack private life 4 4,Excessive criticism 44 4,Withholding information 4 4. Depriving responsibility 13 3,Verbal aggression 64 4. Acts of physical violence 24 4, Precipitating All Precipitating variables Zero 24 4. variables One 37 8,Restructuring downsizing crises 15 6. Organizational changes 24 4,Employ Respons Rights J.
Table 1 continued,Variable Frequency in sample,Changes in management 20 0. Changes in composition of work group 11 1,Cost cutting 4 4. Reengineering 6 7,Employees who feel powerless 51 1. Delegation of control to semi autonomous teams 6 7. Promotion of the perpetrator 4 4,Arrival of new manager 13 3. Motivating All motivating structures Zero 33 3,structures One 33 3.
High internal competition 28 9,Politicized climate 42 2. Relative ranking incentives rewards 6 7, Form of discipline for those who are perceived 15 6. to violate established production norms,Constructive discharge 13 3. Expected benefits for perpetrator 11 1,Enabling All enabling structures Zero 6 7. Structures One 8 9, Presence of dissatisfaction frustration with working 44 4.
situation organizational climate, Perceived status incongruence power imbalance 84 4. Autocratic style of management 46 7,Low perceived costs for the perpetrator 64 4. Laissez faire leadership style 13 3,Lack of policy against bullying 64 4. Lack of punishment 53 3,Bullying seen as a rite of passage 2 2. Efficient means of accomplishing tasks 42 2,Legal Basis Title VII gender discrimination 28 9.
Title VII national origin discrimination 6 7,Title VII race discrimination 35 6. Title VII age discrimination 6 7, Title VII physical mental ability discrimination 0 0. Title VII religious discrimination 2 2,Vietnam era status discrimination 0 0. Americans with Disabilities Act 4 4,Vocational Rehabilitation Act 0 0. Pregnancy Discrimination Act 0 0,Age Discrimination in Employment Act 2 2.
Intentional infliction of emotional distress 4 4,Defamation of character 0 0. Constitutional Federal 17 8,Constitutional State 0 0. Employ Respons Rights J,Table 1 continued,Variable Frequency in sample. Whistleblower s Protection Act 2 2,Occupational Safety Health Act 0 0. Managerial Regarded as a managerial style 33 1,Action Impact Post Traumatic Stress 4 4.
Stress 53 3,Productivity 13 3,Litigation 28 9,Violence 4 4. Retaliation 17 8,Fired 13 3,Constructive discharge 2 2. Refusal to hire 2 2,Suspended 2 2,Transferred 2 2,Reprimanded 11 1. No employer response 37 8,Morale 31 1,Safety 6 7,Productivity 15 6. Voluntary turnover 2 2,Outcome Finding Employer 73 3.
Remand 4 4,Monetary damages awarded 0 0,Precipitating Variables. Using Salin s 2003 conceptual framework previously discussed in almost four out of ten. 37 8 of the cases was there at least one precipitating variable The prevalence of. precipitating variables in descending order is as follows employees who feel powerless. 51 1 organizational changes 24 4 changes in management 20 restructuring. downsizing crises 15 6 arrival of a new manager 13 3 changes in composition of. work group 11 1 tied at 6 7 are reengineering as well as delegation of control to semi. autonomous teams and tied at 4 4 are cost cutting as well as promotion of the perpetrator. Motivating Structures, Using Salin s 2003 conceptual framework previously discussed in one out of three. 33 3 of the cases was there at least one motivating structure variable The prevalence of. motivating structure variables in descending order is as follows politicized climate. 42 2 high internal competition 28 9 form of discipline for those who are perceived. to violate established production norms 15 6 constructive discharge 13 3 expected. benefits for perpetrator 11 1 and relative ranking incentives rewards 6 7. Employ Respons Rights J,Enabling Structures, Using Salin s 2003 conceptual framework previously discussed in less than one out of ten. 8 9 of the cases was there at least one enabling structure variable The prevalence of. enabling structure variables in descending order is as follows perceived status. incongruence power imbalance 84 4 lack of policy against bullying 64 4 and low. perceived costs for the perpetrator 64 4 lack of punishment 53 3 autocratic style of. management 46 7 efficient means of accomplishing a task 42 2 laissez fair. leadership style 13 3 and bullying seen as a right of passage 2 2. Legal Considerations, Workplace bullying does not typically occur in a vacuum independent of other legal issues. in the workplace As such it was discovered that Title VII race discrimination occurred in. one third 35 6 of the cases Title VII gender discrimination in nearly one third 28 9. of the cases Title VII national origin discrimination in less than one tenth 6 7 of the. cases tied with Title VII age discrimination also at 6 7 of the cases and Title VII religious. discrimination in 2 2 of the cases Of note was the fact that Title VII physical and mental. ability discrimination did not appear in any of the 45 litigated cases in the sample Thus. there seems to be an interaction in at least one third of the cases between a member of a. protected group as defined by Title VII and being a victim of workplace bullying Beyond. Title VII issues related to the U S Constitution were identified in nearly one fifth 17 8. of the cases and intentional infliction of emotional distress in nearly one in twenty 4 4. of the cases, The Effects of Workplace Bullying Individual and Organizational.
Both the individual and organizational effects will be identified The effects of workplace. bullying in decreasing frequency were stress 53 3 retaliation 17 8 reduced productivity. 13 3 Post Traumatic Stress Disorder PTSD 4 4 and violence 4 4 The. organizational effects of workplace bullying in declining order were reduced morale 31 1. decreased productivity 13 3 safety 6 7 and voluntary turnover 2 2. Managerial Actions, Consequences to workplace bullying are an effect With regard to consequences in nearly. four out of ten 37 8 of the cases there was no employer response and in slightly more. than one in ten 11 1 of the cases the perpetrator was reprimanded by the employer and. even terminated 13 3, As it relates to organizational policies and codes of conduct related to workplace. bullying it was found that only one third 35 6 of the employers among the 45 litigated. cases mentioned a workplace bullying policy three in twenty 15 6 mentioned a code of. conduct and only 2 2 mentioned an ethics policy,Discussion. Considering the management of workplace bullying our findings suggest that bullying is. perceived as a legitimate managerial style that many organizations do not have a policy on. Employ Respons Rights J, bullying and that when litigated the employer prevails Perhaps it is this acceptance of. inappropriate managerial style combined with the lack of a policy against bullying that. result in litigation in the first place Yet the impact of bullying on morale and productivity is. not only prevalent but grows worse if unaddressed in a timely manner. The contributions that this study makes are several fold one of the contributions is the. unique methodology within the bullying literature in which bullying in a variety of. organizational contexts was captured through the use of litigated cases as a data source It. increases understanding of the extreme cases of bullying which resulted in litigation It. identifies the contexts in which the individual prevails and in which the organization prevails. In this study using a policy capturing research method to analyze bullying court cases. we analyzed 45 workplace bullying cases that were litigated in the U S court system. seeking to describe any patterns that may have emerged from this analysis This descriptive. study presents data regarding workplace bullying that is difficult to compare to other. literature due to the differences in constructs operational definitions and research methods. However similarities and dissimilarities will be presented between the findings of this. study and previous investigations, Our findings support the findings of other researchers with regard the setting in which.
the workplace bullying occurred the core elements across diverse definitions of workplace. bullying Salin s 2003 definition of workplace bullying the effects of workplace bullying. managers as a source of bullying and the role of management and leadership style. Specifically and consistent with the findings of previous investigators Unison 2000 Hoel. et al 2004 the majority of cases in this study 66 7 occurred in the public sector With. regard to the core elements that cut across different definitions of workplace bullying Hoel. et al 2006 it was found in our study that nearly three fourths 73 3 of the cases. involved persistent repeated negative acts toward one or more individuals This finding. also reflects Salin s 2003 definition of workplace bullying With respect to the effects of. workplace bullying our findings of the presence of stress 53 3 and post traumatic stress. disorder 4 4 reflect those of previous researchers Rayner et al 2002 Leymann and. Gustafsson 1996 Bowling and Beehr 2006 Nielsen et al 2008 Consistent with Rowe and. Sherlock 2005 managers supervisors were the perpetrator in more than half 55 6 of. the cases In contrast managers supervisors were found to be the victims in slightly more. than one in ten cases 11 1 which is similar to the findings of one investigator who. found that managers have the lowest prevalence of workplace bullying Ortega et al 2009. In terms of management and leadership style we found that nearly one out of three 33 1. of the cases regarded bullying as a managerial style confirming the work of several. researchers Ironside and Seifert 2003 Lutgen Sandvik et al 2007 as well as finding. evidence of both an autocratic management style 46 7 and laissez faire leadership style. 13 3 which also reflects the findings of previous research Salin 2003. On the other hand our findings are inconsistent with those of other researchers with. respect to workplace violence and the gender of the victim Our findings found that almost. one fourth 24 4 of the bullying events involved acts of physical violence which is. greater than the one in twenty 5 of the cases of workplace violence reported in the. Bureau of Labor Statistics 2005 Survey of Workplace Violence Prevention 2006 Bowling. and Beehr 2006 found that women were more likely to be the victims of workplace. bullying and this study disconfirms that finding because over half 55 6 of the victims. Beyond similarities and dissimilarities our descriptive study reveals several noteworthy. findings that are worthy of validation by other researchers using the same or different. research methods,Employ Respons Rights J,Implications for Future Research. It is suggested that an analysis of additional litigated cases at the state and federal level. would provide additional insight into bullying This is particularly true if other states begin. to allow expert witnesses to opine on workplace bullying This will occur if other states. follow the lead of the Indiana Supreme Court by recognizing a new legal phenomenon that. is workplace bullying Bullying cases are also litigated under state and municipal. ordinances and could be the focus of a subsequent research study Torts actions besides. intentional infliction of emotional distress might also be focused upon. While the overall focus of this study is that the bully is the aggressor it is possible that in. some situations the victim baited the bully so that the bully would be disciplined This would. also warrant subsequent research Additionally an examination of differences between the race. and or sex of the bully and victim would be another area for future research. An additional approach might be the use of key informants or the use of arbitrated. rather than litigated cases Such an approach and data might generate suggestions for both. subsequent research and for improving organizational practices so bullying can be better. managed in organizations, In any of the fore mentioned suggestions researchers might consider using multivariate. analysis to discern relationships and interactions among case variables that are not. discernible from univariate analysis Both parametric and nonparametric research could be. used in this research,Implications for Practice, There are a variety of organizationally based implications for practice These include legal. approaches changes in organizational structures and practices and training techniques as. discussed in Table 2 These include both an enhanced ethical awareness and the placing of. responsibility Legal approaches include intentional infliction of emotional distress. involving the union and its duty for fair representation and trying to define bullying as a. form of legally prohibited behaviors such as harassment as defined by Title VII. Organizational techniques include encouraging companies to develop codes of conduct or. ethics policies striving to have job descriptions strictly interpreted to avoid depriving. authority stress and conflict resolution techniques change management or organizational. development techniques and access to resources outside the chain of command such as a. hotline Training techniques include stress management training assertiveness training and. mediation training or establishing an ombudsperson. Legal Techniques, Intentional Infliction of Emotional Distress Lawsuits. Individuals can sue the persons bullying them under a tort action of intentional infliction of. emotional distress 4 While this will not necessarily result in immediate changes in the. workplace the bullies may be financially sanctioned Additionally there is the possibility of. The tort of intentional infliction of emotional distress has four elements 1 the defendant must act. intentionally or recklessly 2 the defendant s conduct must be extreme and outrageous and 3 the conduct. must be the cause 4 of severe emotional distress from http biotech law lsu edu Courses tortsF01 IIEM htm. Employ Respons Rights J, Table 2 Techniques to ameliorate workplace bullying.
Legal Techniques, Lawsuits involving intentional infliction of emotional distress. Involve union and its duty for fair representation. Try to define bullying as a form of legally prohibited behaviors such as harassment. Organizational Techniques, Encourage companies to develop codes of conduct or ethics policies. Strive to have job description strictly interpreted to avoid depriving authority. Stress and conflict resolution techniques,Change management or OD techniques. Access to resources outside of the chain of command such as a hotline. Training Techniques,Stress management training,Assertiveness training. Mediation training or ombudsperson, including the manager who is allowing the bullying to be a defendant in the lawsuit This.
may lead to a reduction in subsequent bullying,Involve Union in Duty of Fair Representation. If a union is involved in the workplace the bullied employee can file a grievance Under the. duty of fair representation the union is obligated to represent the bullied employee. However similar to harassment grievances the duty is not always clear cut since the union. may also have a duty to represent the employees doing the bullying. Identify Other Legal Protections, Since at this time the legal definition of bullying is imprecise the individual is encouraged. to identify other protections that he she may have under other laws Title VII ADA ADEA. or various state and municipal harassment ordinances For example is the individual being. bullied due to age race sex national origin or disability. Precisely Define Job Duties, Organizations are encouraged to precisely define job descriptions to be sure that the job. descriptions are strictly adhered to This will reduce the bullying of individuals who are loafing. and not doing the required duties of the job These individuals are likely to be bullied by other. workers who have to pick up the slack It will also reduce bullying of the individuals who for. whatever reasons are overachievers and are regarded as rate busters Other workers may bully. this type of employee since they fear that the job requirements could ultimately be increased. Organizational Techniques,Codes of Conduct and Ethics Policies. Organizations can also adopt and enforce codes of conduct and or ethics policies wherein. bullying behaviors are proscribed and sanctioned It will be necessary for the organization.


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Learning Unit: Cuban Missile Crisis . Walter Fust . Plymouth South High School . Teaching American History Grant . September 14, 2010 . Unit Overview . This learning unit is designed to effectively teach high school students of all learning levels about the Cuban Missile Crisis. In detail, it will explain the underlying causes and effects of arguably the most frightening moment of the Cold War ...

Dynare: Reference Manual Version 4

Dynare Reference Manual Version 4

stochastic general equilibrium (DSGE) and overlapping generations (OLG) models. The models solved by Dynare include those relying on the rational expectations hypothesis, wherein agents form their expectations about the future in a way consistent with the model. But Dynare is also able

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The result of reducing training budgets and decreasing apprenticeship training is ... employment after completing apprenticeships, ... per year by 2014, ...

Chapter One Connotations of Religious Art and Its ...

Chapter One Connotations of Religious Art and Its

sanctified everything they were unable to comprehend, and their activities were intermingled with primitive worship ceremonies, such as sorcery before a hunt, spring sowing, and harvest rituals. At a time when the mighty gods were considered ubiquitous, daily rituals of religious worship and

Technical Analysis: The Complete Resource for Financial ...

Technical Analysis The Complete Resource for Financial

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Performance and Construction Standards for Synthetic Turf

RUGBY FOOTBALL LEAGUE PERFORMANCE AND CONSTRUCTION STANDARDS FOR SYNTHETIC TURF PITCHES October 2011 edition Page 1 of 43 . Whilst every effort has been made to ensure the accuracy of the information contained in this publication any party who makes use of any part of this document in the development of an

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EMOTIONAL SUPPORT ANIMAL (ESA) PSYCHOLOGICAL EVALUATION ...

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Sometimes major life events may contribute to symptoms similar to a psychological illness. Please list any major life events that have been a significant source of stress or anxiety in your life during the last year. Examples may include: death of a family member or other loved one, relationship problems

Pedoman Teknis Bangunan Rumah Sakit, Instalasi Sterilisasi ...

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terpusat di Instalasi Sterilisasi Sentral (CSSD) yang melayani seluruh fasilitas rumah sakit. Secara tradisional sterilisasi di rumah sakit masih terdesentralisasi, sehingga menjadi tantangan bersama untuk membuat pelayanan sterilisasi rumah sakit menjadi tersentral dan memberikan jaminan mutu yang lebih baik. 1.2 Maksud dan Tujuan.

GENERAL BROCHURE

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Norm UNI EN 13200-3 Spectator facilities part 3 separating elements - requirements STEEL GRATING FOR STADIUM AND PLAY GROUNDS UNI D.M.