Workplace violence: What images does this phrase conjure up in your mind? You may immediately envision physical altercations or even workplace shootings.
Given the extensive media coverage typically devoted to tragic workplace shooting events, it is understandable that many business and organizations feel inclined to facilitate “active shooter training and drills.” However, most employers are surprised to learn that 82 % of reported workplace violence incidents do not involve a weapon, according to the ongoing National Crime Victimization Survey, which references data from 1973 through 2017. In fact, of the 18% of the workplace violence incidents that involve a weapon, only 5% specifically involve a gun, according to the survey.
While it is very important that employers remain informed and prepared for the worst-case scenario (an active shooter), the definition and scope of workplace violence risk for employers is much broader than physical violence.
It is important to begin from a shared understanding of what constitutes “workplace violence.” According to the U.S. Occupational Safety and Health Administration: “Workplace violence is any act or threat of physical violence, harassment, intimidation or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors.”
Likewise, the Federal Bureau of Investigation includes “threats, harassment, bullying, domestic violence, stalking, emotional abuse, intimidation” in its description of what qualifies as on-the-job workplace violence. Using these broader working definitions of workplace violence and understanding where harassment, discrimination, and violence intersect can give employers a stronger foundation on which to build successful training initiatives and prevention programs.
Legal remedies
With good reason, many people are under the impression that harassment and discrimination training and, likewise, Title VII of the Civil Rights Act of 1964 protect employees from hostile working environments and bullying. According to 2017 data from the Workplace Bullying Institute, more than 65% of workplace bullying targets are women — regardless of the perpetrator — meaning both men and women most frequently bullied women.
Moreover, large percentages of individuals in racial protected classes have reported being bullied at work. For example, in the same 2017 study by the institute, 25% of Hispanics and 21% of African-Americans reported being bullied at work.
Unfortunately, Title VII continues to be an ineffective means to protect employees from workplace bullying. In 2018, the U.S. Equal Employment Opportunity Commission said it received 7,609 charges of discrimination alleging sexual harassment.
While that may sound like a large number of charges filed with the EEOC, put that in the context of approximately 153 million workers in the U.S. in 2018. That means in 2018, only about 0.05% of the workforce filed charges of discrimination on the basis of sexual harassment. Either this is good news and harassment on the basis of sex is declining, or we are facing a significant epidemic of under-reporting.
Unfortunately, the answer appears to be the latter. In fact, according to the WBI, 40% of bullied employees never tell their employer. Likewise, the EEOC Select Task Force on the Study of Harassment in the Workplace found that more than 85% of people who experience workplace illegal harassment do not file a charge of discrimination.
Consequently, Title VII and other legal remedies are often an ineffective means to prevent or respond to workplace bullying for at least two reasons: first, because employees generally do not report workplace bullying and/or illegal harassment; and second, because bullying is generally not on the basis of a protected class.
Ironically, harassment and bullying is often under-reported because the resulting behavior is often more harassment, bullying and retaliation. According to the EEOC Task Force, 75% “of employees who spoke out against workplace mistreatment faced some form of retaliation.”
Understanding that workplace bullying is a form of workplace violence and likely a precursor to physical violence gives the experience legitimacy and empowers human resources professionals to build programs designed to prevent and respond to toxic behaviors and toxic cultures that were frequently unaddressed. For example, a worker who has been considered “abrasive” or “difficult to get along with” may, in fact, be a workplace bully creating and/or contributing to a toxic working environment. Employers that expand their understanding of what constitutes workplace violence can develop programs designed to prevent, address and respond to behaviors and circumstances that impact culture, environment and communication.
Workplace violence prevention programs: Getting started
Often the hardest part for employers is figuring out how to get started. Fortunately, there is a large body of knowledge that exists and clearly defines known best practices in toxic workplace culture remediation and violence prevention and intervention program development. With some basic training and education, employers large or small can leverage this information to create holistic programs that can help mitigate the risk of violence.
The first step for any employer is leadership level training and education. The goal in this type of training session is to establish a shared and evidence-based understanding of an often misunderstood topic. Owners, executives and leadership that understand the signs and symptoms of toxic cultures, the different types of workplace violence and the associated regulatory landscape are a critical foundation on which successful programs are built.
The second step is establishing a multidisciplinary team that will develop and drive the initiative. A common problem employers run into is the misconception that a single team or function, like security, should create and “own” a workplace violence prevention program. The reality is most functions within an organization should participate. At a minimum, human resources, safety managers, security managers, labor unions, employee relations and legal counsel should all be engaged.
A final step in getting started is completing a needs assessment. There is not a one-size-fits-all solution, and employers need to fully understand their own unique risk factors before developing and implementing a program. This includes things like industry-specific hazards, location-specific hazards, state and federal regulatory requirements, your own workplace culture, and which of the OSHA violence types you are most at risk for.
Also keep in mind that a single organization may have multiple locations with significantly different cultures, hazards and risk factors, so it is essential that a needs assessment is completed.
Carrie B. Cherveny is senior vice president of strategic client solutions for Hub International Ltd.’s risk services division; she can be reached at 727-450-6056 and carrie.cherveny@hubinternational.com. Isaac Monson is a senior risk consultant with the division; he can be reached at isaac.monson@hubinternational.com.
