Free Articles

Periodically I post copies of articles and papers to one of two free distribution sites, the Social Science Research Network (SSRN) (link here) and Academia.edu (link here). For those interested in workplace bullying, workers’ rights, employment law & policy, etc., here is the latest list of my writings and materials that may be downloaded without charge.

Please note the following conditions:

1. These materials are provided for informational purposes only and are not offered as legal advice, organizational consulting, or personal counseling.

2. They are provided for individual educational use and may not be sold, copied, or downloaded for separate reposting to a different site.

LONGER LAW REVIEW AND SCHOLARLY JOURNAL ARTICLES

Workplace bullying and the law

I am the author of the Healthy Workplace Bill, model anti-bullying legislation that serves as the template for legislation introduced across the country. These articles go into detail about the legal and policy implications of workplace bullying. The fourth piece listed, “Emerging American Legal Responses to Workplace Bullying,” contains and explains the latest version of the Healthy Workplace Bill.

The Phenomenon of ‘Workplace Bullying’ and the Need for Status-Blind Hostile Work Environment Protection — Georgetown Law Journal (2000) — The first American law review article to present the early research on workplace bullying, assess potential legal protections and liability issues, and to set out the parameters for needed anti-bullying legislation.

Crafting a Legislative Response to Workplace Bullying — Employee Rights and Employment Policy Journal (2004) — A followup to my 2000 article, containing the initial version of the anti-bullying Healthy Workplace Bill and an explanation of its major provisions. Also summarizes legal and policy developments concerning workplace bullying in other countries.

Workplace Bullying and American Employment Law: A Ten-Year Progress Report and Assessment — Comparative Labor Law & Policy Journal (2010) — Discusses legal developments in the U.S., along with providing a slightly revised version of the Healthy Workplace Bill.

Emerging American Legal Responses to Workplace BullyingTemple Political & Civil Rights Law Review (2013) — Written after a Temple University symposium on bullying behaviors across the lifespan, this article provides legal updates and what is now the current template version of the Healthy Workplace Bill.

Workplace Bullying and the Law: U.S. Legislative Developments 2013-15 — Employee Rights and Employment Policy Journal (2015) — A brief summary of recent developments, including workplace bullying legislation enacted in California and Tennessee, pursuant to a January 2015 presentation at the Annual Meeting of the Association of American Law Schools.

Workplace bullying generally

Workplace Bullying and Ethical Leadership — Journal of Values-Based Leadership (2008) — Describes the dynamics and impact of workplace bullying for organizations and individuals, ultimately calling for ethical leadership principles and practices to prevent and respond to bullying behaviors.

Employee dignity generally

Human Dignity and American Employment Law — University of Richmond Law Review (2009) — Sets out the theoretical frameworks and arguments for making human dignity the centerpiece of American workplace law.

Employment Law as If People Mattered: Bringing Therapeutic Jurisprudence into the WorkplaceFlorida Coastal Law Review (2010) — Makes the case for applying therapeutic jurisprudence, a school of legal thought that favors psychologically healthy outcomes in the application of law and legal procedures, to the law of the workplace.

Other employment law topics

Beyond ‘Economic Realities’: The Case for Amending Federal Employment Discrimination Laws to Include Independent Contractors — Boston College Law Review (1997)

Voices from the Cubicle: Protecting and Encouraging Private Employee Speech in the Post-Industrial WorkplaceBerkeley Journal of Employment and Labor Law (1998)

The Employment Law Rights of Student Interns — Connecticut Law Review (2002)

Legal education

Same Old, Same Old: Law School Rankings and the Affirmation of Hierarchy — Suffolk University Law Review (1997)

Therapeutic Jurisprudence and the Practice of Legal Scholarship — University of Memphis Law Review (2010)

SHORTER PAPERS, ARTICLES, TESTIMONY, ETC.

There is a ton of repetition among these materials, as most of them are from talks and testimony in which basic information about workplace bullying is part of the presentation.

Worker dignity generally

Imagining the Good Workplace: It Starts with Individual Dignity — Presented at New Workplace Forum, April 2007

Necessary Remedy: Injecting Therapeutic Jurisprudence Into American Employment Law — Presented at the 31st Congress of the International Academy of Law and Mental Health, New York University School of Law, June 2009

Workplace bullying generally

Multidisciplinary Responses to Workplace Bullying: Systems, Synergy, and Sweat — Presented at the 6th International Conference on Workplace Bullying, University of Quebec at Montreal, June 2008

Imagining the Healthy Workplace — A Conversation with David Yamada ’99 — Interview by Helen Susan Edelman for SUNY-Empire State College’s alumni/ae magazine, 2010

Workplace bullying and the law

Potential Legal Protections and Liabilities for Workplace Bullying – New Workplace Institute briefing paper, 2007

Is There a “Business Case” for Workplace Bullying Legislation? — Presented at the 2009 Work, Stress, and Health Conference

The Role of Labor Unions and Collective Bargaining in Combating Workplace Bullying — Presented at the 2009 Work, Stress, and Health Conference

Workplace Bullying and Employment Law — Presented at Massachusetts Bar Association program, June 2009

Crafting an American Legal Response to Workplace Bullying: The Healthy Workplace Bill — Presented at University of Augsburg, Faculty of Law, Germany, April 2010

Workplace Bullying and the Law, 2000-2010: A Global Assessment — Keynote address PP slides for the 7th International Conference on Bullying and Harassment at Work, Cardiff, Wales (June 2010)

Americans for Democratic Action Resolution Supporting Workplace Bullying Legislation — Adopted at the June 2010 biennial convention of Americans for Democratic Action

As Workplace Bullying Enters the Mainstream of American Employment Relations, Will Law and Public Policy Follow? — published in Perspectives on Work, Summer 2010/Winter 2011 issue

Massachusetts Healthy Workplace Bill

Massachusetts Senate Bill No. 699, 2009-10 session — Healthy Workplace Bill, as introduced in the 2009-10 session of the Massachusetts Legislature

Briefing Paper in Support of Senate No. 699 — This is the paper I submitted as part of my testimony in support of the Healthy Workplace Bill in Massachusetts

Economic policy and younger workers

The Looming Twenty-First Century Generation Gap: Economic Challenges Facing Younger Workers — published in Perspectives on Work, 2010

Education and learning

Note of Understanding — Guest column for the Boston Globe, May 2004

The Adult Educator as Public Intellectual — published in Andre P. Grace, Tonette S. Rocco, and Assocs., Challenging the Professionalization of Adult Education: John Ohliger and Contradictions in Modern Practice (San Francisco: Jossey-Bass, 2009)

Information on Law School and Graduate School Options for Those Who Want to Make a Difference –This short paper outlines law school and graduate school options for those who are considering returning to school in order to prepare for careers in social change work, such as public interest law, public policy, and international relations, 2010


5 responses

  1. I can’t wait to hear the outcome of this. Laws should be in place to protect the victims of workplace bullying, since often people actually die because of it, that’s premeditated murder, due to health reasons, stress, heart attacks, GI problems, suicide, etc. due to the direct result of workplace bullying.

  2. I suffered from workplace harassment for years and then was moved to a worse bully. She was and is as cold as a fish. I fought back, which took a toll on me, but it allowed me to be moved to a position where I am more suited. The hours are not great, but I love my freedom and people love me. It matters. Don’t continue in such a place of harm. I was there too long. My health does suffer. I am trying to help myself come back. I am usually so happy go lucky. This is my year. My year to heal and love myself back to great health. I start more therapy on Monday with a Counselor trained in Trauma. Horse therapy. I hope it will help me to return to my creative fun loving self. Debra

  3. I reported bullying conduct for 4 years in my job by not only my coworker but by my manager. I reported violations to the organization’s personnel policy handbook, including alcohol consumption on the job (which was allowed by the manager) to an oversight board. Their response – “No action taken”.

    I was retaliated against for reporting office misconduct, had my work computer tampered with, and endured years of hostile interference by a coworker which impacted the ability to do my job. In the end, they supported both the manager and the coworker and neither one was held accountable for their misconduct. When nepotism and cronyism and a lack of adherence to the policies and rules of the organization are dismissed and ignored, a hostile and toxic work environment will poison not only the office but the organization itself due to good employee’s resigning, expense to rehire and train and the potential negative outcome. Those in positions of authority and power WHO DO NOT FOLLOW POLICIES and disregard violations should not be in those positions. They ultimately create liability and exposure for the organization and fueled the toxic work environment where these bullies thrive.

  4. I am a target of “gas lighting” and have kept and help build maintain and retain clients for six years.
    I am in a tine sensitive situation and I welcome advice and professional protocol how to quit with the least confict and still keep job while searching for a new one. I also welcome advice on immediate resignation
    Thank you
    Amanda

    • Amanda, I’m very sorry to hear about your situation. Unfortunately I am not in a position to provide online advice to you. However, if you go to the Need Help? page of this blog, you will find plenty of resources on dealing with workplace bullying situations, including links to legal referral services.

      Good luck,
      David Yamada

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