Tips and Helpful Info on Workplace Bullying Laws

If you have ever experienced numerous occasions larger than a mere unease in the workplace due to harassment, discrimination, or even dismissal, you need to know that there are workplace bullying laws in place to protect your rights. Although you may not want to face the facts because of causing unnecessary problems, you can actually be doing your company a favor by making them aware of situations that are against the law. Management often only hears one side of the story and by presenting your side you could not only be helping yourself but also saving the company thousands of dollars from lawsuits – not to mention company shame – that can occur when breaches of workplace bullying laws take place.

Several workplace bullying laws exist today that were put into place to protect the rights of individuals unable to perform their jobs to the best of their ability due to bullying from small groups, individual bullies and employers.

The Protection from Harassment Act of 1997 is a good example of what you can look for if you are unsure as to whether or not you are experiencing problems that may be covered under Workplace Bullying Laws.

Defamation of character is one of the provisions under the 1997 Harassment Act that serves to protect you from a bully’s vindictive remarks or the spreading of untrue rumors in order to cause harm to your character. The Criminal Justice & Public Order Act of 1994 also addresses intentional harassment for using abusive or threatening words or behavior towards another in the workplace.

The Employment Rights Act of 1996 was put into place to prevent unfair or wrongful dismissal. The Health & Safety at Work Act of 1994 gives you the right to a safe working environment and the Public Interest Disclosure Act of 1998 protects you against turning in someone that is a detriment to the public interest.

Psychiatric injury is becoming more prominent in workplace bullying laws due to unjust humiliation, employer’s failure to protect employees from bullying and harassment that could result in injury. There have been cases of suicide due to continued victimization from employees or an employer and new workplace bullying laws are now being introduced to address this problem in a big way.

In Australia, employers can now be fined up to $100,000 for failing to manage bullying behavior among workers and Sweden has added provisions against Victimization at Work under the Occupational Safety and Health Ordinance.

Bullying costs companies and individuals thousands of dollars each year by interrupted work habits, physical and psychological damage and undue dismissal of employment. Everyone has the right to work in an environment that is free from prosecution, is safe from injury and is non-discriminatory. If you’re located in the UK, check with law centers in the UK for free legal advice if you feel that your company is in violation of Workplace Bullying Laws.

© By Mandy-Jane Clarke

The Institutional-Level Bullying of Native American Students

Although Justice Might Be Blind – Privilege has 20/20

On average, about 50% of Native American students drop out of high school. There are several factors contributing to these large rates at both the institutional and student levels. There are so many issues connected with why Native Americans drop out of school it can become overwhelming to know where to start if someone wanted to do something about it. A very good resource about Native American student drop out factors can be reviewed HERE.

I’ll try not to get off on a rant about how the US educational structure was/is designed for the privileged majority’s style of learning. Nor will I fume on about how, after more than 100 years or so, Native Americans have not done so well within these educational structures. What I do want to discuss, is one specific Institutional-level factor that contributes to Native American students dropping out of American schools. Researchers have come up with different labels for this particular issue such as, poor student-teacher relations, teacher’s lack of empathy toward the student, unsuitable curriculum, unacceptable testing methods, and inadequate measurement of student intelligence. I believe it is important for these labels to be combined into one encompassing classification. The most appropriate and honest label offered, for what Native American student’s experienced throughout history and even now, in American schools is – Institutional-Level Bullying.

What is Bullying?

A person is bullied when he or she is exposed, repeatedly and over time, to negative actions on the part of one or more other persons, and he or she has difficulty defending himself or herself.

The act of intimidating a weaker person to make them do something.

Bullying is a form of abuse. It involves repeated acts over time attempting to create or enforce one person’s (or group’s) power over another person (or group), thus an imbalance of power. The imbalance of power may be social power and/or physical power. The victim of bullying is sometimes referred to as a target. Bullying types of behavior are often rooted in a would-be bully’s inability to empathize with those whom he or she would target.

Persistent, offensive, abusive, intimidating or insulting behaviour, abuse of power or unfair penal sanctions which makes the recipient feel upset, threatened, humiliated or vulnerable, which undermines their self-confidence and which may cause them to suffer stress.

The harmful effects of bullying on students (children) are significant. There has been a recent strong movement to address the bullying that happens to school aged children in America. What finally got the school’s attention, it seems, were the many suicides by students who were bullied. There’s a video on YouTube showing students who took their own lives after being bullied by school mates. No child should ever have to endure bullying. And the schools are correct in taking these matters very seriously. Folks in power have taken these matters so seriously that there has been state laws passed that will punish bullies for their inhuman acts. Currently there are only six states without bullying laws.

Entering The Twilight Zone

Imagine if you will… it is 2029 and foreign invaders have entered and now rule what use to be called America. They are two-billion strong with a military that is used to suppress any civil or individual disobedience. The new rulers believe in an all powerful and all knowing kangaroo god. Any other form of worship not related to kangaroo is outlawed. The new kangaroo rulers have superior thoughts, culture, and abilities, or so they say. They take the indigenous American children and teach them about the values of worshiping kangaroo and the history of how the kangaroo people came to be such great human beings. The books that the children read discuss how the kangaroo people discovered America and made it in the image of kangaroo and its values.

The new kangaroo ruling people, in their superior wisdom, decide that the indigenous Americans have too much land and that in order for their kangaroo folks to succeed, they will need this land for their own use. So, they decide to gather up all the indigenous Americans and march them to an undeveloped, unsustainable area. The kangaroo leaders, because of their generosity decide to provide the Americans with enough money to maintain a level of poverty for a while.

Most of the indigenous American leaders are murdered and any person or groups not complying with the new laws are killed, along with killing their women and children. This policy resulted in millions of indigenous Americans being slaughtered. The kangaroo educational system believes in starting the day with a pledge of allegiance to the kangaroo. The indigenous American students are now taught, using the kangaroo model, by putting each student in a small confined box with a loud speaker blasting in moral teachings. While the kangaroo children have excelled in this form of education, the indigenous American children do not. Although the indigenous parents complain that their children are not learning and getting the necessary education as the result of this new, kangaroo model, it is kangaroo laws that children must attend the school.

Institutional-Level Bullying

After several years when the kangaroo people have transformed what used to be America, into kangaroo land, I wonder how the indigenous American children, at least the ones who survived, are doing in their new schools. I’m not sure if you have heard this but, before the kangaroo folks arrived, America used to be the greatest country on Earth. Remember, God blessed America! I am sure it would be offensive to have the kangaroo people teach the indigenous American children that their people were all savages and that the kangaroo people brought civilization and righteousness to this land. I would assume the children of the old America would have a hard time in the new kangaroo educational system – because the old American educational system was the greatest in the world.

When Native Americans, in the year 2010, have to recognize and celebrate columbus day in their schools – that is Institutional-level Bullying. Native American children being made to pledge their allegiances to a flag that was the symbol of their own people’s destruction – is Institutional-Level Bullying. For Native American children to be forced into a system that is designed for the privileged conquerors – that is Institutional-level Bullying. Please take another look at the YouTube video I earlier attached. Children taking their own lives is an extremely terrible thing and I do not want any family experiencing these tragic events. If something is happening at schools that is harming children it should be taken very seriously. It seems from this video, and other news stories, schools are motivated to get serious when certain children are harmed or harm themselves.

Native American children, on average, have some of the highest rate of suicide and mortality compared to any other group. These are school aged children, many who have dropped out of school. Again, when asked why they are dropping out of school, the labels given are, poor student-teacher relations, the teacher’s lack of empathy, unsuitable curriculum, etc. They are expected to learn in a system that is designed for American children, not Native American children. Everyday Native American children have to enter an institution that disrespects their culture, expects them to be open to learning untruthful history, and when they drop out, that institution blames the victims.

On average in the US, Native Americans have a drop out rate of about 50%. On average in the US, Caucasians have a drop out rate of about 30%. I wonder if there would be any changes if those numbers were flipped. Recall that 75% of Native Americans drop out of college before completion. Think about the reaction if it was reported that 75% of all students drop out of American colleges.

When the privileged are harmed, there seems to be new policies, laws, and social movements to stop that harm – instantaneously. When the minority folks are harmed, the privileged go Blind! Blind to the special needs of Native American students. Blind to how the current institutional structures are not working for certain students. And Blind to the fact that, until there are changes in the way educational services are delivered to Native American children, American schools are guilty of Institutional-level Bullying.

Peace, DAP

The Controversy Over Anti Bullying Legislation And The Education System

A few years ago, the New York State Legislature passed a law called the Safe Schools Against Violence in Education Act. This requires all school districts to initiate a code of conduct in conjunction with teachers, administrators, and parents associations. It outlines that teachers will be able to remove disruptive students from class, and that principals could suspend these students for up to five days including possible expulsion.

The problem with this particular law is that no anti bullying clause is mentioned or outlined. While the primary reason is that educators felt the Act includes all means of improper behavior including violence, others reject the notion by claiming there are no studies indicating that bullying can be controlled under this type of legislation.

In other states, however, debates are ongoing in deciding whether to have an anti-bullying program funded by the government, or to enforce a strict zero tolerance policy in the schools. Some states have passed anti bullying laws. For example, one state requires each of its districts to adopt policies against harassment, intimidation, and bullying. Another state has adopted a zero tolerance policy which proposes suspension, expulsion, or in case of two-time offenders, removing them to alternative schools.

While this is certainly a step forward, the educational system is not geared to handle trouble makers or those who carry out bullying tactics on a daily basis. In New York, for example, students who are removed from one school are sent to another school in an “in house” detention setting. The problem is this: If School A remands a student to School B; School B remands a student to School A. This occurs within the same district and one student may have a worse record than the other. It certainly is a vicious cycle. In House detention centers do not always have teachers who can physically deal with some students, and there’s the rub. With only two security guards in middle schools and up to six in high schools (depending upon the total number of students), it is clear that another alternative should be incorporated as part of the School Safety Program.

While every school may deal with bullying in a different manner, there is no clear cut uniform measure being utilized to counter bullying. Moreover, anti bullying legislation needs to be enacted throughout the US so that every school is aware of what must be done and abide by the anti bullying laws regardless of district or location.

This brings up another issue. Those who are against anti bullying legislation feel that every case will be handled in the same manner, thus the children will suffer severe consequences whether or not they are deemed culpable. Moreover, school districts feel they should be able to dictate the rules and regulations regarding anti bullying procedures and that mandated legislation can replace administrative rules, which will only encumber principals and teachers.

Perhaps opponents of anti bullying legislation should be reminded that bullying leads to violence, and in the end it is the kids who cannot defend themselves against vicious attacks, and need protection which can only be mandated by the state.