(Nevada) State Senator Proposes Bill on Bullying
Employer advocates say proposed law would clog district courts
Employer advocates say proposed law would clog district courts
By VALERIE MILLER
Las Vegas Business Press
October, 13, 2008
One state lawmaker is hoping to pass Nevada's -- and the nation's -- first workplace bullying law. State Sen. Richard "Tick" Segerblom has put forth a bill draft request to make all on-the-job harassment illegal, but some employers are concerned that such a law could open the door for a flood of lawsuits.
Under the bullying proposal for the 2009 Nevada Legislature, Bill Draft Request 30, all harassment in the workplace would be illegal. Current state and federal statutes make it illegal to harass or discriminate against certain classes, such as those based on gender, age, religion and race. Segerblom said his proposed legislation would require that employees who might not otherwise fall into a protected class would also be safe from harassment. The bill also allows compensation for emotional damages for victims of workplace bullying and harassment.
"I propose that they eliminate the categories and just make harassment illegal," he said. "If you feel you are harassed, you still have to file with the Nevada Equal Rights Commission. ... I think employers feel better knowing there is that extra step before an employee can sue."
Employers would still have the same rights to address the harassment and bullying claims prior to an employee filing a complaint with the commission or going to court.
The bill would also make discrimination and harassment based on someone's personal appearance illegal under state law.
Segerblom, an attorney who represents workers, said his measure would likely lead to more harassment cases being heard in state courts instead of the federal court system where they are heard now.
"In federal court, the judges tend to be antagonistic," he said. The senator wants to expand the state's harassment statutes and allow for back pay and front pay under state law. Segerblom's measure would give plaintiffs the chance to sue in the state court, as is commonly done in California.
Labor lawyer Mark Ricciardi, who represents mostly businesses, sees a broad-based bullying law as clogging up district courts and potentially driving small companies out of business.
"Right now, most discrimination cases are filed in federal court under federal statutes and those statutes give them relief," Ricciardi said.
The workplace bullying bill could "open floodgates" to lawsuits and dilute the protection already offered to groups such as woman, racial and ethnic minorities, older workers and the disabled, Ricciardi added. Small businesses, especially, would not be able to pay for costly harassment lawsuits from workers stemming from instances such as a male boss yelling at another male worker, he predicted.
But Segerblom, a Las Vegas Democrat, said he already knows he'll have a fight on his hands.
"It has never passed anywhere. It is very controversial," he said of workplace bullying legislation.
Such legislation has been proposed in 13 states to-date, but none have passed, said Gary Namie, an author and founder of the Workplace Bullying Institute (WBI) Legislative Campaign. Namie's organization has helped to craft all of the past initiatives but did not have a hand in Segerblom's bill draft request.
Segerblom said regardless of the fate of his legislation, it is important to get the word out about what he feels is a growing problem.
The subject of workplace bullying, especially by bosses, has garnered its share of attention in the last couple years. What exactly constitutes bullying behavior is a line that can just as easily be blurred as crossed. A screaming manager or demeaning co-worker are considered workplace bullies by some; others say there needs to be evidence of professional, physical or psychological harm to the bully's target.
More than a third of American workers -- 37 percent or 54 million people -- have been bullied at work at some point, according to the results of a 2007 WBI-Zogby survey. When the number of witnesses to the bullying are included, the total affected by the behavior reaches 49 percent of the work force, Namie said.
Most bullies were bosses, the survey found. Seventy-two percent of those who were bullied at work said their managers were the perpetrators.
The costs of bullying to employers are high enough that companies should act, Namie said. Stress from bullying affected the health of 45 percent of the targets for more than a year. Segerblom pointed to "millions of dollars" in high turnover costs and increased health care premiums as monetary reasons companies should correct the situation whether or not companies are legally liable for the behavior.
Ricciardi said claims of workplace bullying are overblown, and sometimes it is simply a matter of a stressful workplace being taken out on employees -- something that is likely to become more prevalent as companies cut back and everyone is asked to do more.
Las Vegas Valley employers aren't complaining of workplace bullying being a huge problem, Southern Nevada Human Resource Association President Bud Pierce said. His experience is mostly from the public sector, including the University of Nevada, Las Vegas. Public companies are working to fix workplace problems, Pierce said.
All employers need to take every matter seriously, he advised.
"Anytime an employee brings a complaint forward, you have to look at it," he said. "I don't know if there is a threshold for bullying."
Bob Spretnak agreed with Segerblom that workplace bullying is a growing concern. An employee rights attorney, he said he sees it in the form of people coming into his office seeking his help. Often, they aren't in protected categories or the abuse is from somebody from their same class.
"One lady was in tears. She worked in a library and her female boss responded to everything she said with such hostility," he recalled.
Segerblom's law could change that woman's situation and those of workers like her, Spretnak said.
"I say if it is good enough for the protected classes, it should be good enough for everyone," Spretnak said.
