Workplace Violence Policy & Abusive Conduct Prevention Policy

Have you experienced bullying in the workplace? “Bullying” and abusive conduct may include persistent, multiple, unreasonable incidents that offend, degrade, intimidate, or humiliate a person.

Bullying includes:

• Acts of cruelty, belittlement, or degradation
• Yelling or screaming
• Excessive or unjustified criticism
• Public reprimand or behavior intended to punish, such as ignoring or excluding someone from workplace activities
• Intimidation, ridicule, threats, insults, or sarcasm
• Humiliating or demeaning a person in front of others
• Trivialization of views and opinions or unsubstantiated allegations of misconduct
• Sabotaging someone’s ability to do their job
• Unfairly blaming them for mistakes or stealing credit for their work
• Assigning excessive work deliberately to cause stress
• Physical violence such as pushing, shoving, or throwing objects

Emotional Distress and Its Manifestations

Bullying corresponds to the legal term “emotional distress.” Could a team member have a claim for emotional distress in your workplace? Manifestations include:

• Nausea, vomiting, or headaches
• Severe weight loss or gain
• Sleeplessness, depression, or anxiety
• Crying spells or emotional outbursts
• Nightmares or drug and alcohol abuse

Perhaps a bullied employee sought medical care, with evidence showing they were treated for post-traumatic stress disorder or prescribed medication.

The Healthy Workplace Act and Employer Responsibilities

Employers should aim to provide a workplace where employees are treated with dignity and respect. Tennessee adopted the Healthy Workplace Act five years ago to support this goal. On April 23, 2019, the General Assembly amended the Act to extend its immunity to private employers.

Employees have the right to be treated with dignity and respect. Therefore, management should promptly address and resolve all complaints of negative and inappropriate workplace behavior. If an employee is the victim of bullying or abusive conduct, the employer is subject to claims of intentional and negligent infliction of emotional distress in addition to a hostile work environment.

Adopting the Model Policy

The new law allows employers to seek legal immunity by adopting the model policy created by the Tennessee Advisory Commission on Intergovernmental Relations. Review the model policy at here.

he model policy details that a single act generally will not constitute abusive conduct, unless such conduct is determined to be severe and egregious.  Furthermore, abusive conduct does not include:

• Disciplinary procedures in accordance with employer policies
• Routine coaching and counseling
• Reasonable work assignments
• Individual differences in styles of expression
• Passionate, loud expression without intent to harm
• Differences of opinion on work-related concerns
• The non-abusive exercise of managerial prerogative

Managerial and Employee Responsibilities

Employers must ensure healthy behaviors are exhibited at all times and address complaints promptly.

Managers must:

• Provide a safe working environment
• Implement preventative measures for threatening situations
• Serve as examples of courtesy and respect

Employees should:

• Be familiar with the employer’s abusive conduct prevention policy
• Know how to access a copy of the policy
• Understand steps to take if inappropriate behavior occurs

Reporting Complaints

In order to recognize abusive conduct and bullying behavior, management personnel should undergo training and understand the necessary steps to address an incident.

Employees must be trained on how to report a matter orally or in writing.  Any complaints should include dates, times, locations, and any witnesses.  Management then reports to the practice administrator or practice owner. Thereafter, management must take reasonable steps to actively protect the complainant, including separating the employees involved. Additionally, they must notify the person complained against of the allegation and provide details about the investigative procedure.

Investigations of abusive conduct shall be conducted as soon as practicable and in accordance with the policies and procedures of the Practice. The objective of the investigation is to ascertain whether the behaviors complained of occurred, and therefore will include interviewing the complainant, accused, and witnesses with direct knowledge of the alleged behaviors.  All interviews will be appropriately documented. The investigation will be conducted thoroughly, objectively, with sensitivity, and with due respect for all parties. The investigator will provide a copy of the investigative report to the appointing authority for further action.  All affected parties will be informed of the investigation’s outcome.

Investigating Complaints

In the event of a finding of abusive conduct, the employer will take immediate and appropriate corrective action.  Remedies may be determined by weighing the severity and frequency of the incidences of abusive conduct and in accordance with existing disciplinary policies of the Practice.

Any employee who engages in conduct that violates this policy or who encourages such conduct by others will be subject to corrective action.  Such corrective action may include but is not limited to participation in counseling, training, and disciplinary action up to and including termination, or changes in job duties or location.

Supervisory personnel who allow abusive conduct to continue or fail to act appropriately upon learning of it will face corrective action. This corrective action may include requiring participation in counseling or training, imposing disciplinary measures up to and including termination, or altering job duties or location.

Corrective and Preventative Actions

When the employer confirms abusive conduct, they actively review the situation and take additional corrective actions if necessary. They may also implement preventative measures to reduce the recurrence of similar behavior or actions.

Throughout this process, the Practice will maintain the confidentiality of each party involved in an abusive conduct investigation, complaint, or charge, provided it does not interfere with the ability to investigate the allegations or to take corrective action. However, state law may prevent the employer from maintaining confidentiality of public records.  Therefore, the Practice cannot guarantee confidentiality.

If you need assistance in providing an anti-abusive conduct training and/or implementing the necessary policies into your workplace, contact us today.