It is important for organizations to take every necessary precaution to prevent workplace bullying. Currently, there is no legal protection for employees that are victims of this behavior. Organizations should be proactive and create written policies that communicate the complaint and reporting process, and the consequences for the behavior. The written policies must be clear and concise and made available for all employees within the organization.
The Importance of Workplace Bullying Policies
Currently, in the U.S., legal rights concerning discrimination and abusive workplace issues are found under the following acts (Duffy, 2009):
- Title VII of the Civil Rights Act of 1964 (as amended)
- The Americans with Disabilities Act of 1990/ADA (as amended)
- The Age Discrimination in Employment Act of 1967
These laws address workplace discrimination and abuse; however, the laws protect members of protected classes (based upon race, sex, disability, etc). Although these laws are definitely important in protecting workers from discrimination and harassment, they do not extend to "non-status based" workplace abuse (Duffy, 2009). Until there is legislation for "non-status based" workplace abuse, such as workplace bullying, it will be important for organizations to fill the void with their own anti-bullying policies.
Template for Workplace Bullying Policy
As awareness of workplace abuse issues increase, organizations will be compelled to create policies to discourage this abusive behavior. An effective policy will describe the process from the complaint stage to the consequence stage. Duffy (2009) suggests 12 elements to be included in a workplace abuse policy. The 12 elements are broken down into 4 sections as follows:
- Section 1: Purpose, Statement & Examples
- Section 2: Complaint and Resolution Process
- Section 3: Action
- Section 4: Consequences
Anti-bullying Policy Section 1: Purpose, Statement, & Examples
- Purpose of policy. The purpose of the policy should clearly reflect the values of the organization.
- Statement. Describe the definition of workplace bullying. Also include the organization's position and how the behavior hinders company goals and negatively affects employee health.
- Examples. Indicate examples such as (humiliation, character attacks, isolating an employee, name calling, etc.), but be sure to acknowledge that this type of workplace abuse is not limited to the behaviors listed.
Anti-bullying Policy Section 2: Complaint and Resolution Process
- Identify appropriate contact people. Identify the people to contact if there is a problem. The contact list should be across all levels of the organization.
- Informal resolution. This should be an option as long as all parties involved agree to it. It can be an open dialogue between parties to work through the problem. This option would require the person charged to be receptive to information about the affects of their abusive behavior.
- Alternative resolution. Examples include mediation, negotiated agreements, restorative justice, other resolutions agreed to be all parties.
Anti-bullying Policy Section 3: Action
- Formal charge. Clarify the procedures on how workplace abuse complaints are handled by the organization from beginning to end.
- Privacy. Distribute a statement of confidentiality to all parties involved.
- Timing. Indicate that the investigation will be conducted in the shortest time possible.
- Results Reporting. Distribution of the results of the investigation will be delivered to both parties separately.
Anti-bullying Policy Section 4: Consequences
- Accountability. Discuss the personal and organizational consequences when an investigation has uncovered workplace abuse.
- Appeal. Communicate the appeals process to all employees. Both parties should have the ability to submit an appeal.
As the instances of workplace bullying and abuse continue to increase, it is important for organizations to take a proactive approach in preventing this behavior. One way to do this is to create and communicate organizational policies that behavior. By creating an anti-bullying policy, organizations give employees some protection from workplace abuse that is currently not covered by law.
Reference
Duffy, M. (2009). Preventing workplace mobbing and bullying with effective organizational consultation, policies, and legislation. Consulting Psychology Journal: Practice and Research, 61 (3), 242-262.
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