Let’s make 2020 a year of working on solutions and responses

 

For those of us who are committed to making human dignity a framing characteristic of modern society, let’s make 2020 a year of working on solutions and responses.

Over the years, I’ve witnessed an unsurprising but nonetheless troubling trend about traffic to this blog. On balance, pieces that discuss the hurt, pain, and injustice of workplace bullying, mobbing, and harassment get higher readership stats than those that discuss systemic solutions, law reform, and possible paths toward individual healing & recovery.

This appears to be a twist on internet clickbait patterns generally, whereby online readers are drawn to negative topics that validate and fuel outrage. Let’s face it: Sometimes we’re more likely to curse the darkness than to light a candle. Especially if you’ve been a target of workplace abuse, it’s perfectly natural to react in such a manner.

But lighting that candle towards effective solutions and responses must be our primary objective. And therein lies the hard work before us. In terms of what that means, I can speak only for myself.

Of course, I remain steadfastly committed to enacting the anti-bullying Healthy Workplace Bill. As I wrote earlier this year (link here), we’re on a gradual but inevitable march toward enacting workplace anti-bullying laws in the U.S. It’s taking a long time to do this, particularly in the face of corporate opposition, but we are making genuine progress.

Overall, I’ll be continuing work on several fronts that encourages our legal systems, places of employment, and other political and civic institutions to embrace human dignity as a primary framing value. I will be emphasizing this theme as part of my service on three non-profit boards, in particular: The International Society for Therapeutic Jurisprudence, Human Dignity and Humiliation Studies, and Americans for Democratic Education Fund.

I’m also excited about a new course I’m offering at my law school during the coming semester. It’s called the Law and Psychology Lab, and it will incorporate heavy doses of therapeutic jurisprudence, encouraging law students to examine how laws can support psychologically healthy outcomes in legal disputes and transactions. In addition to developing projects on topics of individual interest, the students will work on a larger, co-created group project with a specific theme, which for this initial offering will be bullying, abuse, and trauma along the lifespan. We will be making some of the results of our work publicly available.

Here’s to a 2020 full of positive change. Let’s all be a part of it.

France Télécom bullying verdict: Guilty, with bosses sent to prison

In a closely-watched legal case about a horrific campaign of workplace bullying and abuse linked to several dozen suicides by workers approximately a decade ago, executives of France Télécom have been convicted and sentenced to short prison terms for violating France’s moral harassment code. Angelique Chrisafis reports for the Guardian (link here):

Former executives at France Télécom have been given prison sentences and fines after being found guilty of “institutional harassment” and creating a culture of routine workplace bullying that sparked a number of suicides at the company.

The landmark ruling is likely to send shockwaves through the French business world. It is the first time managers have been held criminally responsible for implementing a general strategy of bullying even if they had not dealt directly with the staff involved.

France’s moral harassment code allows for both civil (damages to claimant) and criminal (potential prison terms) claims associated with bullying, mobbing, and harassment. The criminal provisions are rarely used, but the allegations behind the France Télécom case were supported by considerable evidence.

As further reported by the Guardian‘s Chrisafis:

The court heard harrowing accounts of what one employee had called a terrifying management strategy to destabilise workers. Families described systematic psychological abuse against staff as bosses focused ruthlessly on cost-cutting and job cuts.

Between 2008 and 2009, 35 employees killed themselves. The company had been privatised and was undertaking a restructuring plan during which bosses set out to cut more than a fifth of the workforce – more than 22,000 jobs.

The investigation focused on the cases of 39 employees, 19 of whom killed themselves, 12 who attempted to, and eight who suffered from acute depression or were signed off sick as a result of the pressure.

At least one of the defendants has indicated that an appeal will be filed, so the legal proceedings in this case are probably far from over.

Relevance to the U.S.

As I wrote earlier this year about this case, American readers may be asking, if France Télécom wanted to reduce their workforce, then why didn’t they simply do a mass layoff? In France, employees have much stronger protections against termination compared to those in the United States, where most workers are subject to the rule of at-will employment, which allows employers to discharge them without cause. In a somewhat sick irony, the stronger French worker protections likely led France Télécom bosses to opt for a campaign of virulent bullying and abuse to prompt workers to leave “voluntarily.”

In the U.S., in most instances it would be unnecessary for an employer to use bullying to reduce a workforce by attrition, because it could announce a layoff for reasons of finances or restructuring and that would be that. Of course, we also know that this considerable power to hire and terminate hasn’t prevented bullying and mobbing from occurring in American workplaces — buttressed by the reality that it is often a legally enabled form of abuse.

Fallout

It’s too early to gauge the long-term impact of this court decision. This is a trial court ruling, subject to appeal, so it may be some time before this proceeding becomes final.

Nonetheless, we can hope that news coverage of this trial and verdict will buoy efforts to enact workplace anti-bullying laws around the world. This includes the Healthy Workplace Bill here in America, which continues to face strong corporate and employer opposition.

The fact that corporate executives have been found guilty and sentenced to prison for engaging in severe bullying and abuse will no doubt be satisfying to so many people who have experienced this form of targeted mistreatment. However, this case also illustrates how the wheels of justice can grind very slowly with only modest results. The events in question took place over a decade ago. The three convicted executives received one-year prison sentences, with eight months suspended, plus relatively small fines. That’s a small price to pay for abuse associated with many deaths and ruined lives.

Furthermore, it took dozens of completed and attempted suicides to call attention to what happened within this company. In the meantime, workplace bullying and mobbing continues to go unchecked in countless numbers of workplaces. Even if, thank goodness, the abusive behavior does not always translate into suicidal ideation, it leaves in its trail considerable trauma and severely damaged livelihoods and careers.

Regardless, I’ll take this development as a firm step in the right direction. Bullied France Télécom workers and their families received some semblance of justice by this verdict. Furthermore, it is bringing worldwide attention to the role of the law in preventing and responding to targeted work abuse. 

A workshop as annual ritual

The annual group shot, here honoring a request to ham it up a bit. (Photo: Anna Strout)

For over a decade, the annual December workshop of Human Dignity and Humiliation Studies (HDHS) has become an increasingly significant event in my life. HDHS is a global, transdisciplinary network of scholars, practitioners, artists, and students dedicated to advancing human dignity and reducing humiliation in our society. The two-day workshop occurs each year at Teachers College of Columbia University in New York City, attracting dozens of people from across the country and around the world. I have written about this workshop regularly on this blog, and for good reason: It is one of the most welcomed gatherings of the year for me.

Last week, the workshop beckoned again, and I hopped on an Amtrak train from Boston to New York. My participation would begin with a Wednesday board of directors meeting. In recent years, I have become more deeply involved with HDHS. Service on the board is now one manifestation of that closer engagement. The board meeting also serves as a nice lead-in to the workshop.

In a marvelous little book titled Rituals For Beginners (2016), author Richard Webster defines a ritual as “an action, or series of actions, performed in a prearranged, prescribed manner.” He adds that rituals help us to appreciate life. Most of them “involve an element of gratitude” for experiences that we might otherwise take for granted. 

Well, last Thursday morning, as I exited the subway stop at Columbia’s campus and walked up Broadway toward Teachers College for a Day 1 of the workshop, I had an epiphany: This is no longer “just” an annual event for me. Rather, it has become a meaningful ritual, a renewing, educational, and connective experience with friends old and new. While each year’s workshop provides plenty of variety, its essential format and timing provide a reassuring continuity, in the company of a pretty amazing group of people.

Here’s a brief rundown of my experience of the workshop:

Approaching the halls of Columbia University Teachers College (photo: DY)

With a breakfast sandwich and coffee from a nearby food truck in hand, I walk over to venerable Teachers College, whose International Center for Cooperation and Conflict Resolution graciously hosts this gathering. Founded in 1887, Teachers College was the nation’s first full-fledged graduate school of education. It has since branched out into offerings on health, psychology, and conflict resolution. Its buildings aren’t shiny new digs, but rather older, unpretentious structures that speak of tradition and history. Those surroundings add to the ritual element of the experience.

Linda Hartling and Evelin Lindner open the workshop (photo: Anna Strout)

Our workshop opens with a warm welcome from two individuals who are at the center of HDHS, Linda Hartling (director) and Evelin Lindner (founder and president). Evelin is a social scientist and writer, trained in both medicine and psychology. She travels the world doing workshops, giving lectures, and supporting the work of other change agents. Linda is a clinical psychologist and authority on relational-cultural theory. I frequently cite her brilliant paper, co-authored with Elizabeth Sparks (link here), describing organizational cultures in a relational context.

A pre-planned dignilogue in action (photo: Anna Strout)

The closest things we have to formal panel discussions are “pre-planned dignilogues,” which allow speakers to briskly (as in seven minutes each!) describe a project, publication, or initiative they’re working on, followed by Q&A. Pictured above, criminal justice professor Tony Gaskew (U. of Pittsburgh) is describing his “Life Support” project for individuals in Pennsylvania who have been sentenced to life in prison for crimes committed as juveniles.

I used my dignilogue talk to describe a new course that I’ll be teaching at Suffolk University Law School next semester, a “Law and Psychology Lab” that offers students opportunities to do practical projects applying psychological insights to law and public policy. 

A co-created dignilogue on improvisation and movement (photo: DY)

Our workshop also features “co-created dignilogues,” i.e., extended group discussions and presentations on topics developed each day by workshop participants. In the photo above, Beth Boynton, a nurse and medical improv instructor, is helping to facilitate a co-created dignilogue performance on improvisation and movement.

The gift of music from students at P.S. 10 in Brooklyn (photo: Anna Strout)

One of our Thursday evening traditions has been a musical performance by students from P.S. 10 in Brooklyn, led by their devoted music director, Fred Ellis, who happens to be a notable singer, musician, and song writer in his own right. Here are the kids doing one of their numbers, with Fred on the guitar.

Reporting on the HDHS conference in Brazil (photo: Anna Strout)

In addition to organizing the annual NYC workshop, every year HDHS holds a conference outside of the United States, typically in a country facing compelling social and political issues. This year’s conference was in Brazil, and it turned into something of a roving caravan in the Amazon. In the photo above, Gabriela Saab, a human rights and international law scholar and the newest member of the HDHS board, is sharing stories of her Amazon experience. (Go here for more.)

Michael Britton presents the annual Donald Klein lecture (photo: Anna Strout)

Psychologist Michael Britton is the presenter of the annual Donald Klein Memorial Lecture. Each year, Michael delivers a masterful, wise, and deeply humane talk about the state of the world, using an integrated perspective. This year, he focused on global warming and climate change and our roles in responding to it. It was the most cogent, holistic assessment of the topic that I’ve heard yet. (To watch the 43-minute lecture, go here. It will be time well spent.)

Claudia Cohen accepting her HDHS award (photo: DY)

Every year, HDHS presents a member of this community with its lifetime achievement award. This year’s deserving awardee was Claudia Cohen, a longtime HDHS workshop contributor. Claudia recently retired from a distinguished career at Teachers College, where she focused on organizational cultures and conflict resolution, and she is now doing anti-racism work in her home state of New Jersey.

Special guest Bill Baird (photo: Anna Strout)

On occasion, we are blessed with cameo appearances by noteworthy people. This year’s surprise guest was Bill Baird, often touted as the father of the reproductive rights movement. His pioneering advocacy work includes three victories before the U.S. Supreme Court. He’s pictured above with Evelin Lindner.

Good friends reconnecting (photo: DY)

The workshop serves as a reunion for old friends and an opportunity to make new friends for everyone. Pictured above, Linda Hartling and Bhante Chipamong Chowdhury, a Buddhist activist/monk and HDHS board member, share a moment. These impromptu conversations occur throughout the workshop and fuel both fellowship and future collaborations. 

I am grateful for the many treasured connections I have made through this workshop over the years. For those who are regular participants, these ties build and strengthen. We may also keep in touch through emails, social media, and occasional face-to-face get togethers during the rest of the year, but it’s this December workshop that brings us together in the most meaningful way. 

Our closing circle, with some singing to conclude our time together (photo: Anna Strout)

In recent years, we’ve been closing the workshop with music as well. Above, I’m helping to lead our group in singing “What a Wonderful World,” which has become something of a tradition. Infusing the workshop with more music and singing helps to counterbalance the difficult subjects that are often the focus of our discussions.

In both direct and indirect ways, the HDHS workshop supports the work I do on workplace bullying and mobbing. Overall, the event reaffirms the critical importance of advancing human dignity in our society. It is deeply instructive and inspiring to hear others talk about their work in addressing abuse, mistreatment, and injustice in so many other settings. In addition, I have frequently discussed my workplace anti-bullying initiatives and found that topic to be very well received. It is validating to me that folks who are doing such important work in their own realms understand the significance of workplace abuse. On occasion, I’m able to share more of my work with fellow participants who are experiencing difficult work situations in their own lives.

Even I can be a work of art! (photo: Anna Strout)

And if you’ll excuse a personal indulgence, we’re now adding some art to the mix as well! Anna Strout, our devoted photographer and a gifted educator, activist, and artist, masterminded a project of trace drawings from photographs she took during the workshop. Here I am posing with her drawing of me!

So, this is a snapshot of what this workshop has come to mean for me. Such is the good power of this gathering that each year, I return to Boston reinvigorated for the work that I get to do. Rituals delivering that kind of energetic renewal are very special indeed. 

***

Want to learn more? You may go here for a closer look at our 2019 workshop agenda. You also may go here to access videos of workshop events.

“How can I make a living doing workplace anti-bullying work?”

Webpage for Workplace Bullying University training program, facilitated by Dr. Gary Namie

Over the years, I’ve had many conversations and exchanges with folks about options for making a living doing workplace anti-bullying work. My upshot? One should first look to incorporate workplace bullying and mobbing projects and initiatives into an existing work portfolio, in a compatible vocation. In some cases, a career transition into a field where one can do this work is a possibility. Otherwise, it is more realistic to be doing anti-bullying work as a meaningful part-time avocation.

In essence, creating work opportunities in this realm requires two major elements: (1) a relevant vocation; and (2) specialized knowledge.

Vocation

The first key piece involves pursuing a vocation relevant to addressing workplace bullying and mobbing. My short list includes:

• Mental health professionals, including licensed counselors, social workers, clinical psychologists, and psychiatrists;
• Human resources and employee assistance professionals;
• Labor union leaders and officials; 
• Personal coaches and organizational consultants;
• Lawyers (both plaintiff and defense) and dispute/conflict resolution specialists and ombudspersons; and,
• Higher education faculty in pertinent fields of teaching and research.

My work as a law professor may be somewhat illustrative. For years I have concentrated my teaching in the employment and labor law field, and now I’ve added courses in law & psychology to the mix. I include some coverage of the legal implications of workplace bullying in these courses, but I don’t have time in a given course to make it a primary focal point. However, I’ve also made workplace bullying the leading focus of my scholarship, which, in turn, has led to the drafting of the Healthy Workplace Bill and related public education initiatives such as this blog. In this manner, at least part of my living has been made doing anti-bullying work. Other aspects of this work are more of a volunteer nature.

In terms of legal practice, generic workplace bullying unrelated to discriminatory behaviors or retaliation for whistleblowing remains largely legal in the U.S. This obviously limits how much time attorneys can devote to bullying-related cases. Consequently, I don’t know of any attorney who specializes mainly in workplace bullying claims. However, lawyers may pursue cases with elements of bullying behaviors, so long as they can find sufficient legal hooks, such as discrimination on the basis of protected class status (sex, race, disability, etc.) or retaliation for whistleblowing.

By contrast, mental health and psychology currently offer more promise for sustainable work concerning workplace bullying and mobbing. There remains a crying need for mental health professionals who are both familiar with the dynamics of work abuse and trained in treating psychological trauma. Organizational psychologists can also include workplace bullying in their work for employers.

Specialized knowledge

The second key piece is developing a deep well of specialized knowledge about workplace bullying, mobbing, and abuse. A wealth of research and expert commentary is now available for those who want to teach themselves about these topics. To help folks get started, I’ve compiled an updated recommended book list (link here). And anyone who is even thinking of doing this work on a paid or volunteer basis should do repeated deep dives into the Workplace Bullying Institute’s content-rich website (link here).

In addition, I highly recommend attending an intensive program of training and education about workplace bullying. Workplace Bullying University (link here), a multi-day program facilitated by Dr. Gary Namie of the Workplace Bullying Institute, offers an immersive, thorough, and interactive training program for professionals who seek graduate-level knowledge and insights. It is a pricey but worthy investment for those who want to devote a significant part of their professional practices to combating workplace bullying. (Go here for my write-up on a special edition of Workplace Bullying University held in 2019. Note also that current sessions are being offered online.)

In Canada, social worker and therapist Linda Crockett offers training programs on workplace bullying through her Canadian Institute of Workplace Bullying Resources (link here), including programs specially developed for mental health providers. I interviewed Linda for this blog in September 2019 (link here), during which she explained more about her work and services.

To this I must add another important note. In terms of gaining a knowledge base, it is not enough to have been a target of workplace abuse. As terrible as that experience was, a person’s own familiarity with it does not provide a sufficient grounding in what workplace bullying and mobbing are all about. Furthermore, a formal training program can help a target gauge whether they are ready to move into a helping or service mode concerning work abuse. If they are not ready, they can do harm to themselves and to others.

Career transitions, with a gentle caution

As I mentioned above, it’s also possible to transition into a career that allows one to do anti-bullying work as part of their job. For example, an individual might pursue a counseling degree in order to become a licensed therapist, thereby opening the door to helping people who are experiencing trauma from bullying or mobbing.

I find that such impulses are especially common with good people who have been bullying targets and now want to help others in similar situations. Here, though, is my gentle caution for those at this life juncture: Do a thorough self-assessment, perhaps with the help of a mental health professional, to determine whether this is the right move in terms of your own healing and recovery. For some targets, doing anti-bullying work can be empowering. For others, it can be re-traumatizing.

Additional thoughts on coaching and consulting

Coaching is a field in which seemingly anyone can hang out a shingle (nowadays, often in virtual fashion) and claim professional status. Various coach training programs and certification processes are completely optional endeavors. Especially because there are no licensing barriers for entering coaching, this may appeal to some who wish to do coaching work around bullying and mobbing.

Nevertheless, for the sake of one’s future clients, relevant professional training is strongly urged for those who wish to do bullying-related coaching. This may include drawing on a mental health degree. It may also involve taking a coach training program. For example, several years ago I took a year-long leadership coaching course through the Institute for Professional Excellence in Coaching (link here). I highly recommend it for anyone who wants to do personal coaching for bullying and mobbing targets. In fact, I cannot imagine referring anyone to a coach who has not completed such a program.

The same goes for consulting. Anyone can set up a website, print up some business cards, and call themselves a consultant. However, good consultants not only have specialized knowledge in their field, but also understand the roles of consultants in professional settings. In this realm, learning about consulting practice through study and, perhaps, advanced training, is a must.

In sum: We need more trained, dedicated, and knowledgeable individuals in fields relevant to employment relations and mental health to help prevent and respond to workplace bullying and mobbing. I hope this information is helpful to those who are contemplating possibilities for doing work in this field.

***

This post revised in April 2022.

MTW Newsstand: December 2019

The “MTW Newsstand” brings you a curated selection of articles relevant to work, workers, and workplaces. Whenever possible, the materials are freely accessible. Here are this month’s offerings:

Daniel Moritz Rabson, “Working at Amazon: 189 Suicide Attempts, Mental Health Episodes Reportedly Took Place Over Five Years,” Newsweek (2019) (link here)  — “At least 189 instances of “suicide attempts, suicidal thoughts and other mental health episodes” prompted emergency responses at Amazon warehouses between October 2013 and October 2018, The Daily Beast reported. The 189 calls about Amazon employees, which Amazon tracked through police reports and emergency call logs, came from 46 Amazon warehouses in 17 states. These 46 facilities make up a quarter of such spaces around the country. Calls to 911 dispatchers detailed incidents in which Amazon workers tried to cut themselves and talked about killing themselves.”

Editorial, “We all must rise above bullying, coarse dialogue,” Lincoln Journal Star (2019) (link here) — “As Charlie Bowlby prepped for a heart surgery, his co-workers made him a toe tag and took bets on whether he’d survive. . . . Complications on the operating table claimed the 53-year-old’s life, one made more difficult by the actions of his co-workers. It’s a shame that anyone would have to suffer what Bowlby did. But he’s far from the only person to endure such bullying, with his story illustrating the tragic consequences of such deeds taken too far. In general, the coarsening of our dialogue – and our growing inability to have interpersonal communication – worries us, and it extends far beyond the workplace.”

Lena Solow, “The Scourge of Workers Wellness Programs,” New Republic (2019) (link here) — “But recent research suggests that wellness programs aren’t even accomplishing the goals of promoting health or increasing productivity. In a large-scale study, 33,000 employees at BJ’s Wholesale Club were randomly assigned to be in a group taking part in the BJ’s wellness plan or a control group that was not. The study, published in JAMA in April, found that while workers showed a bump in a few self-reported health activities, there were no significant changes in clinical measures of health, absenteeism, or work performance—all supposed money-savers for employers.”

Eric Ravenscraft, “How to deal with mental illness at work,” New York Times (2019) (link here) — “Fortunately, United States law provides some protections for people with mental illnesses — just as they do for any physical disability — but they go only so far. Here, we’ll go over some of the support you can expect from your employer, but we’ll also discuss strategies you can use to get through the day, even when you’re not feeling your best.”

Kathryn Heath & Brenda F. Wensil, “To Build an Inclusive Culture, Start with Inclusive Meetings,” Harvard Business Review (2019) (link here) — “Meetings matter. They are the forum where people come together to discuss ideas, make decisions, and be heard. Meetings are where culture forms, grows, and takes hold. So it stands to reason that if an organization desires a more inclusive culture — and leaders want to model inclusion — then meetings are the place to start. But, from what we’ve seen, executives often miss the mark.”

Peter Gosselin, “If You’re Over 50, Chances Are the Decision to Leave a Job Won’t be Yours,” ProPublica (2018) (link here) — “ProPublica and the Urban Institute, a Washington think tank, analyzed data from the Health and Retirement Study, or HRS, the premier source of quantitative information about aging in America. Since 1992, the study has followed a nationally representative sample of about 20,000 people from the time they turn 50 through the rest of their lives. Through 2016, our analysis found that between the time older workers enter the study and when they leave paid employment, 56 percent are laid off at least once or leave jobs under such financially damaging circumstances that it’s likely they were pushed out rather than choosing to go voluntarily.”