As concern about workplace violence grows, so too do the number of terms which we use to describe abusive behaviour, which include “victimization”12, “incivility”3 , “mobbing”456, “workplace abuse”7, “conflict”8, “harassment”9, and “bullying”1011. Although it is refreshing to see concern expressed about how people are treated at work, we do risk confusion when there is such an abundance of terminology.
For the purposes of this article, let me narrow the focus and address the terms “harassment” and “bullying”. For readers in Canada, you will know that Human Rights legislation has a long history in Canada and the United States, both at the provincial/state and federal levels. The term “harassment” has historically denoted a breach of Human Rights law, whereby an individual or organization has discriminated against an individual or group of individuals on “protected grounds”.
Over many years, there has been a growing belief that Human Rights requirements did not go far enough in protecting individuals, in this case workers, from harassment, which may fell outside legislative requirements. In response, the definition of “harassment” has been expanded, beyond the Human Rights context to include behaviours, which are both offensive and demeaning. This expansion has also resulted in some confusion for victims in search of a remedy.
The definition of “Code” related harassment may vary slightly depending on the jurisdiction, for example in Ontario, Canada, it is defined in subsection 10(1) of the Human Rights Code as “engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome”, relating to specific protected grounds. These grounds include race, colour, ancestry, creed (religion), place of origin, ethnic origin, citizenship, sex (including pregnancy, gender identity), sexual orientation, age, marital status, family status, disability, and receipt of public assistance.
Remarkably, in Ontario, “Non-Code” harassment, often referred to as generalized harassment and/or personal harassment, has virtually the same definition “engaging in a course of vexatious comment or conduct against a worker, in a workplace – behaviour that is known or ought reasonably to be known to be unwelcome [Section 1, Occupational Health & Safety Act)]. The only difference here is that the definition extends to include behaviours, which are not specifically targeting individuals on any of the protected ground mentioned above.
As if this were not enough, we now use the term “Bullying” to describe the same behaviours. The term “bullying” is a relatively new one in Canada and hence is not clearly defined in both prevailing legislation and law. Bullying constitutes “offensive behaviour through vindictive, cruel malicious or humiliating attempts to undermine an individual or groups of employees.” Like harassment, it generally occurs over time and can include a wide range of behaviors.
Samples of “bullying” might include:
- Constant criticism
- Job action intended to punish the intended victim
- Shouting and name-calling, often in a public forum
- Innuendo, deliberate silence, rude gestures and aggressive posturing
- Public ridicule
- Various forms of work interference
- Reprisals by overloading an individual with work and reducing time frames
- Insisting that that there is only one-way to do things right…their way.
- Behaviours intended to isolate and undermine the intended victim(s)
Although commonly thought of as schoolyard behaviour, it happens with great regularity within the workplace. Bullying and intimidation can happen at every level of the organization, often tolerated in managers who are relentless in getting results in a highly competitive market. Veiled threats of reprisals in the form of demotions, poor performance appraisals can characterize the bully in charge. However, we must not think of the bully as only a manager, many employees find themselves in workgroups where a co-worker can be equally as intolerant.
Demoralized over time, co-workers or subordinates of the bully, lose productivity, become depressed and feel the only option left is that of retaliation or simply resigning. Sadly, few of us will know the economic costs associated with bullying. What we do know with certainty is that on rare occasions, an employee’s retaliation can be deadly.
Given relatively recent attention given to bullying within the Canada, the legal remedies for the victim are underdeveloped and not at all clear. Although the legal landscape may be difficult navigate, there remain some legal avenues worth exploring. For individuals who believe they have been the target of abusive behaviour; first consider if you are being victimized on “protected” grounds under the Human Rights Code. If not, consult Occupational Health & Safety legislation in the jurisdiction where you work. In Canada as in many other countries, employers are required to have policies and procedures in place for the protection and wellbeing of employees. Short of this, there are other legal remedies, which will require you consult legal counsel.
Suggested Reading:
Bullying, Violence, Harassment, Discrimination and Stress: Emerging Workplace Health and Safety Issues, Ellen Pinkos Cobb, Createspace, Jan 15 2013
Workplace Bullying: What we know, who is to blame and what can we do? Charlotte Rayner, Helge Hoel and Cary L. Cooper, CRC Press, Oct 25 2001
Next Article:
“Predicting Workplace Violence: Fact or Fiction”
References:
1 Aquino, K. and Lamertz, K. (2004), “A relational model of workplace victimization: social roles and patterns of victimization in dyadic relationships”, Journal of Applied Psychology, Vol. 89, pp. 1023-34.
2 Einarsen, S. and Raknes, B. I. (1997), Harassment at work and the victimization of men, Violence and Victims, 12, 247-263
3 Cortina, L.M., Magley, V.J., Williams, J.H. and Langhout, R.D. (2001), “Incivility in the workplace: incidence and impact”, Journal of Occupational Health Psychology, Vol. 6 No. 1, pp. 64-80.
4 Leymann, H. and Gustafsson, A. (1996), “Mobbing at work and the development of post-traumatic stress disorders”, European Journal of Work and Organizational Psychology, Vol. 5 No. 2, pp. 251-76
5 H. Leymann, Vuxenmobbing- psykiskt våld I arbetslivet (Bullying – psychological violence in working life) Studentlitterature, Lund, 1996
6 D. Zapf, A. Knorzc & M. Kulla, on the relationship between mobbing factors and job content, the social work environment and health outcomes, European Journal of work and Organizational Psychology, 5, 215-237, 1996
7 Keashly, L., Trott, V. and MacLean, L.M. (1994), “Abusive behavior in the workplace: a preliminary investigation”, Violence and Victims, Vol. 9 No. 4, pp. 341-57.
8 Zapf, D. and Gross, C. (2001), “Conflict escalation and coping with workplace bullying: a replication and extension”, European Journal of Work and Organizational Psychology, Vol. 10, pp. 497-522.
9 Einarsen, S., Raknes, B.I. and Matthiesen, S. (1994), “Bullying and harassment at work and their relationships to work environment quality – an exploratory study”, European Work and Organizational Psychologist, Vol. 4, pp. 381-401
10 Einarsen, S. (1999), “The nature and causes of bullying at work”, International Journal of Manpower, Vol. 20 No. 1, pp. 16-27
11 Coyne, I., Craig, J. and Smith-Lee Chong, P. (2004), “Workplace bullying in a group context”, British Journal of Guidance and Counseling, Vol. 32 No. 3, pp. 301-17