Friday, January 28, 2011

Workplace Stress & U.S. Bullying Legal Trends

Here are a couple of recent media stories:

Key employees suffer most stress: Canadian study

By Derek Abma, Postmedia News January 28, 2011

Excerpts:

Findings of a study from the Centre for Addiction and Mental Health indicate that workers most likely to be stressed out are those the organization depends on the most.

In a survey of 2,737 people, 18 per cent reported their jobs as being "highly stressful." Some of the factors that increased the odds of falling into this category included being a manager, a professional, feeling one's performance can negatively affect others, and working long or variable hours.

Characteristics associated with the highly stressed workers in this study included being engaged and responsible. They also were likely to feel their failure to do their jobs properly could result in damage to their companies' finances or reputations.

While organizations want to put the most crucial tasks in the hands of their "go-to" people as much as possible, Dewa said companies can benefit in the long run by creating a more even distribution of workloads.

Dewa said workers should be able to tell their bosses that they need help without it being perceived as weakness or damaging their careers.

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Review of where bullying legislation and case law is in the United States:

Office Bully Takes One on the Nose: Developing Law on Workplace Abuse

Jason Habinsky & Christine M. Fitzgerald, New York Law Journal, January 21, 2011.

Proponents of anti-bullying legislation contend that it is necessary given the prevalence of abusive conduct in the workplace. The proposed New York legislation noted that "between sixteen and twenty-one percent of employees directly experience health endangering workplace bullying, abuse and harassment" and that "[s]uch behavior is four times more prevalent than sexual harassment."

Finally, employers should have a zero tolerance policy for workplace bullying. There is no denying that most workplaces will have employees with different management styles and personalities, and an ordinary dose of tension, stress and conflict. However, when conduct "crosses the line" and rises to the level of bullying, supervisors or other employees who engage in bullying should immediately be disciplined. Employers should seek the assistance of counsel in revising these policies and addressing any incidents of bullying, as well as to keep abreast of the developing legislation and jurisprudence on workplace bullying. By taking proactive action, employers can minimize the impact of the workplace bullying legislation that is bound to come to light in the near future, and in the meantime, maintain a safer and more productive workplace.

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