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Stephanie Mitchum Murphy, (816) 460-5243, or
Justin LaBerge, (816)235-7724

Employers Should Be Proactive to Prevent Negative Consequences

KANSAS CITY, Mo. (April 16, 2007) – The grade school bully may have grown up to become the office oppressor, according to a new nationwide poll by the Employment Law Alliance (ELA), which found that nearly 45 percent of American workers say they have experienced workplace abuse.

The poll addressed abusive behavior including sarcastic teasing, voice raising, ignoring, insulting, retaliating, spreading rumors and physically threatening co-workers. Almost two-thirds of respondents – 64 percent – said they believed an individual who has been abused by a supervisor or employer has the right to recover damages.

Rosalee McNamara, a labor and employment attorney with Lathrop & Gage L.C. in Kansas City, Mo. and the Midwest representative of the ELA, said the poll results reflect a growing recognition that abusive bosses are more than just an annoyance, but a very real problem. Employers should implement policies and procedures to prevent harmful consequences that could impact their bottom line, she said.

“We used to refer to these people as ‘equal employment opportunity jerks,’” McNamara said. “This survey brings to light how real this problem is. An abusive individual can cause serious repercussions ranging from staff turnover and diminished productivity and morale all the way to multi-party litigation. Abusive and bullying behavior needs to be properly dealt with.”

In litigation, employees may seek damages from the employer, the abusive individual or in many cases, both parties.

McNamara noted the survey comes at a time when nearly one dozen state legislatures are considering laws to specifically prohibit bullying in the workplace; a management book, The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn’t, by Stanford professor Robert Sutton, is a bestseller; the word “mobbing” is gaining currency in the American workplace as a form of employee abuse by co-workers; and a non-profit think tank. The Workplace Bullying Institute (www.bullybusters.org), is regularly featured in national and global media as it promotes workplace victims’ rights.

In reacting to the poll results, Sutton said, “This national survey adds to the growing mountain of evidence showing that abuse of power is a rampant problem in the American workplace. It is time for senior management to realize that this conduct damages their people and is costing them a fortune. Demeaned workers respond with a reduced commitment and loss of productivity, and they run for the exits to find more humane bosses. And these costs will keep escalating as more victims realize that they can fight back in court.”

McNamara suggested employers put policies in place before abusive behavior surfaces. These rules may include hiring/promoting policies including proper screening to avoid the problem altogether, firing procedures, a discipline program and employee coaching.

The poll, conducted under the supervision of Dr. Theodore Reed, president of the Philadelphia-based Reed Group, was based on a survey of a representative sample of 1,000 American adults within the past two weeks. Detailed interviews were conducted with 534 full- or part-time workers. The confidence interval for this sample size is +/- 4.24%.

Complete poll results are posted on the ELA website, www.employmentlawalliance.com. Among the highlights of the poll:

• 44 percent said they have worked for a supervisor or employer who they consider abusive.
• More than half of American workers have been the victim of, or heard about supervisors/employers behaving abusively by making sarcastic jokes/teasing remarks, rudely interrupting, publicly criticizing, giving dirty looks to, or yelling at subordinates, or ignoring them as if they were invisible. 
• 64 percent said that they believe an abused worker should have the right to sue to recover damages. 
• Southern workers (34 percent) are less likely to have experience with an abusive boss than their Northeastern (56 percent) and Midwestern (48 percent) counterparts.

About the ELA:
Rosalee McNamara is the Employment Law Alliance member for the states of Missouri and Kansas. The ELA is the world’s largest integrated, global practice network comprised of premier, independent law firms distinguished for their practice in employment and labor law. There are member firms in all 50 U.S. states, every Canadian province and over 75 countries. For further information, including access to the survey charts and graphs, visit www.employmentlawalliance.com.

About Lathrop & Gage:
A leading Midwest full-service law firm, Lathrop & Gage L.C. has 280 attorneys in 10 offices nationwide – from Denver, Colo. to New York, New York. In 2006, Chambers USA ranked Lathrop & Gage’s corporate, intellectual property, litigation, real estate and labor and employment practices among the best in the Midwest, noting the firm is populated with “excellent legal advisers with a strong commitment to customer service.”