Capitol Update: Support H.B. 5437/Meagan Matters/Stop Malloy Budget Cuts/Safe Work Environment Act

This column appears in the April 23 – 30 edition of the Hartford News…

Call and email your legislators and tell them to vote Yes on H.B. 5437, Rep. Matt Ritter’s racial profiling bill, and anti-police brutality legislation currently active at the State Capitol. Rep. Ritter’s bill includes the Community Party’s Trayvon Martin Act traffic stop receipt amendment. Check out our Action Alert on the CP No Sellout blog for details.

https://hendu39.wordpress.com/2015/04/08/action-alert-stop-racial-profiling-police-brutality-in-connecticut/ Mary Sanders, who wrote CP’s Trayvon Martin Act bill language, will be a guest May 26th at 8:00 pm on Voice of the City with host JCherry on WESU 88.1 FM. http://tunein.com/radio/WESU-881-s28607/ Starting in May I will co-host the BlackOut Radio Hip Hop show with Eddie Blacktear Thomas at least once a month. We’ll be discussing issues which impact the urban community. The show airs Tuesdays from 10:00 pm – midnight. https://www.facebook.com/events/1555412738040252/permalink/1556328361282023/

The first show will focus on a police murder case that has received no mainstream media attention: the shooting of 26-year-old Meagan Hockaday, a mother of three children, by Oxnard, California police officer Roger Garcia. Black Talk Radio Network reported on the case. “Witnesses have stated it took less than 20 seconds for police to kill Hockaday once they arrived to investigate a domestic violence call placed by Hockaday’s boyfriend. Children were also present and witnessed the shooting. ” Last Sunday I spoke with Misha Charlton, Meagan’s sister. Misha said that nothing is really happening other than the internal police and DA ‘investigations’ which routinely clear an officer of wrongdoing. She will appear on BlackOut Radio next month. We will continue to have conversations with Misha; stay tuned for updates on this developing story. Check out the Meagan Matters Facebook page. https://www.facebook.com/meaganmatters?fref=ts We’ll also of course be following the Freddie Gray case in Baltimore. http://heavy.com/news/2015/04/freddie-gray-baltimore-dead-cause-of-death-in-police-custody-cops-arrest-details-van-protest-video/?hc_location=ufi

Sign the MoveOn.org petition demanding that funding be restored to the Department of Developmental Services. http://petitions.moveon.org/sign/tell-the-state-of-connecticu.fb47?source=s.icn.fb&r_by=12936137 Gov. Dannel Malloy has proposed $25 million in human services funding cuts. At least 12 state agencies, including the Spanish Speaking Center of New Britain, CT (Mary is executive director) face closure July 1. Tell your legislators to restore these funds! The MoveOn.org petition includes instructions on who to contact.

S.B. 1035 An Act Concerning Bullying in the Workplace passed the Labor and Public Employees Committee vote unanimously. However the bill only contains CP’s Safe Work Environment Act advisory board amendment, while our enforcement language has been excluded. http://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&which_year=2015&bill_num=1035 Tell legislators to add CP’s enforcement provisions to S.B. 1035. https://hendu39.wordpress.com/2015/01/16/real-protection-against-workplace-bullying-safe-work-environment-act/ Visit the Connecticut General Assembly website for info on finding and contacting your legislators. http://www.cga.ct.gov/ This week we’ll share legal analysis by Gail Pursell Elliott, courtesy of her Mobbing and Bullying blog site. https://mobbing101.wordpress.com/ Information on Gail’s books and website is available at the end of her column.

*****

If You Can’t Stand the Heat

Posted by tashidelay on December 17, 2014 in Uncategorized

©2014 Gail Pursell Elliott

Most of us are familiar with the phrase “If you can’t stand the heat, get out of the kitchen.” This form of management was once a recommended way to get employees to quit rather than go through the process of counseling, warnings and the rest of a disciplinary process. While the phrase may be outdated, it is interesting that people still know and understand what it means. Actually, the process is still used although it is considered to be less than ethical and definitely falls into the category of bullying and mobbing.

A recent case in Canada that went to litigation, involved an employee who refused to falsify some information. Her supervisor retaliated by turning up the heat on her, using tactics such as demeaning language and humiliation, often in front of her coworkers. Following company policy, the employee filed a complaint which subsequently was leaked to her supervisor by management. She was then threatened by her supervisor and subjected to increased abusive behavior, some of which was described by her coworkers as “horrific” and “ferocious”. A supposed internal investigation determined that her complaint was unsubstantiated and no action was taken. Finally, after an especially demeaning event, the employee resigned. The courts ruled in favor of the employee, finding not only the supervisor’s actions reprehensible but also the company’s lack of action in addressing the complaint, despite evidence and personal statements on the part of coworkers. The company violated its own policies when it did not intervene on behalf of the employee.

Too often, I hear of this happening within organizations that supposedly have policies and procedures in place to address harassment and other forms of mistreatment of staff, although perhaps not as dramatically as this example. The key point is that when organizations establish policies and procedures they are just as bound by them as their employees are. One of the factors in mobbing is that if the organization does not act, it is construed as approval.

Meaghan McWhinnie of the Canadian law firm McCarthy Tétrault LLP, who wrote a detailed article about this case, suggests the following to employers. These are wise words for any organization regardless of location.
• “Employers must adhere to their own workplace violence and harassment policies. As the Court of Appeal noted, it is not enough to simply pay “lip service” to such policies.
• Employers are vicariously liable for the actions of their employees and therefore it is important that employees, and in particular managers and supervisors, are fully trained with respect to the company’s workplace violence and harassment policies.
• Employers must take all complaints of workplace harassment and violence seriously and an investigation will almost always be required. The key to ensuring that a workplace investigation is conducted properly is to ensure that it is organized, complete and fair. This includes adhering to any pre-determined policy, having impartial investigators, collecting adequate information and making a decision that is supported by the results of the investigation.
• Employers should not threaten reprisal or impose sanctions against employees who make complaints about harassment or violence in the workplace except for in clear cases of bad-faith complaints.
• Courts will not hesitate to punish “bad behaviour.” Therefore, a proactive human resources and investigation strategy is key to prevent management overstepping the line.”

This occurred in Canada where legislation was passed in the fall of 2013 to address workplace violence and harassment through their Occupational Health and Safety Act. Although great strides have been made regarding awareness of bullying and mobbing in the U.S., including action on the part of companies to address these issues through policies and procedures, without the clarification of a law addressing workplace bullying and mobbing, all sorts of issues have recently surfaced which have astonished even some attorneys. For example, some of the policies enacted by organizations when challenged by employees under certain circumstances have been described by the NLRB as “too vague”.

Perhaps we are addressing this topic in the U.S. in the wrong venue. After all, the impact of mobbing and bullying can certainly be construed as a work injury and has been. Early statutes prohibiting this type of victimization in the workplace enacted in Sweden in the early 1990’s emanated from their Occupational Safety and Health agency. Organizations may consider not only policy but also training addressing mobbing, bullying and general harassment as part of their safety program. Mobbing is a serious risk management issue in the areas of both workers compensation and violence prevention.

For videos including the Five Phases of the Mobbing Process visit youtube.com/dignityrespectlady
Gail Pursell Elliott, “The Dignity and Respect Lady”, has over 20 years experience in middle and upper management, founded Innovations “Training With A Can-Do Attitude” in 1998, and is author of several books including School Mobbing and Emotional Abuse and co-author of the book Mobbing: Emotional Abuse in the American Workplace. Her Food for Thought articles are read by people around the world. Gail has been a guest on such programs as MSNBC’s Deborah Norville Tonight, ABC World News NOW television programs and the Workplace Violence Today program on talk radio.
Contact Gail through her website: http://www.innovations-training.com

*****

Follow CP on Twitter for state, national and global headlines and updates on the status of our Trayvon Martin and Safe Work Environment Acts, including action alerts. https://twitter.com/CommunityParty1 Listen to WQTQ 89.9 FM for CP’s public service announcements on our racial justice initiatives. https://www.facebook.com/wqtqfm Check out our No Sellout blog ( https://hendu39.wordpress.com/) for the complete archive of CP columns and Northend Agent’s for selected columns ( http://www.northendagents.com/) . Contact us at 860-206-8879 or info.community.party@gmail.com

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