"It was essential that I correctly named what happened to me. Finally discovering that name was both shocking and distressing."
I’m often asked about my recovery and what it took to find that illusive treasure chest filled with peace. You won’t find me rocking any rose-colored glasses of hindsight in this blog. I go straight for the jugular of recovery.
09/02/2022
Some of us have seen a connection between childhood trauma and workplace abuse.
"As much social responsibility as I feel to speak up about workplace abuse, I feel just as much responsibility to make sure other’s know how to do it safely. I have an undeniable interest in saving others from the pain I went through."
Today I read an article written by a woman who made the TIME cover for becoming a change maker after speaking up against workplace harassment. As I read the article, I was in awe of her bravery and also horrified by the consequences that followed.
09/02/2022
URGENT ACTION:
Did your workplace abuse happen in K-12 EDUCATION?
Our goal is to get this issue in the media as much as possible. We're looking for your stories of abuse to take as a group to a reporter. We'll make sure you're anonymous if you wish.
"You’ll connect with nature, continue to study, allow the universe to guide you, and put your recovery first. Because that’s when you’ll become all you’re meant to be in this life."
preview:In blog 1 of my 3 part recovery series, I wrote about the 10 things that sucked most about recovering from workplace abuse. For part 2, I wanted to write about the space that exists between that very hardship and what ultimately transpires from all of it. Because there’s something really s...
08/02/2022
On March 9, 2021, 40-year old Evan Seyfried took his own life after workplace bullying and mobbing. He was a 20-year exemplary employee at Kroger, one of the largest grocers in the US.
According to The Washington Post, in a "wrongful death" lawsuit, Evan's family alleges his death resulted from a six-month harassment campaign by two co-workers at the Milford, Ohio, location:
A supervisor allegedly harassed him for wearing a face mask during COVID and made fun of him for his political beliefs, calling him "antifa."
Evan reported several unwanted s*xual advances toward him, which resulted in no response from management after he reported them.
The supervisor allegedly left holes in his department schedule, making extra work for him.
After hearing reports from neighbors, Evan believed co-workers who his supervisors pitted against him followed him home and waited on the street for long periods of time.
Evan allegedly received threats, including a supervisor allegedly telling him he could track his Internet usage.
Evan's repeated reports to both management and the union resulted in no meaningful action. In fact, Kroger denied a transfer to another store.
After Evan helped two female employees file s*xual harassment complaints against a supervisor, he received texts with child po*******hy.
Co-workers allegedly replaced old milk on his shelves on the day of an audit.
Supervisors wrote Evan up nine times despite never before receiving a reprimand in this nearly two-decade career. He feared he would be fired.
Fearing for his safety, Evan moved in with his parents. Before quitting, Evan worried about the audit, his phone monitoring, and the plan to frame him for possessing child po*******hy.
We want justice for Evan Seyfried, his family, his friends, and his co-workers on the 1st anniversary of his death from workplace bullying and mobbing.
IF YOU DON'T SEE A LOCATION NEAR YOU, PLAN A PROTEST NEAR YOU (pick a State House or court house, let us know, bring a sign, and we'll handle the rest — it's that simple):
Email [email protected]
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Movements are the American tradition of making big changes.
Social change comes from major social movements. We’ve seen major change with the women’s suffrage movement, the civil rights movement, the gay rights movement, and more.
The labor movement is no different.
The Dignity At Work Act (DAWA) provides a cause of action for employees who suffer from workplace bullying.
With the legislation, we fight for the most safety for employees of any known proposed legislation and prohibit the most known forms of bullying behavior to create safe work environments.
DAWA is rooted in these principles:
Workplace abuse isn’t covered by existing law. Harassment isn’t illegal unless targets are members of a protected class (s*x, race, age, etc.) under the Title VII of the Civil Rights Act and can prove the abuse is from their protected class membership. Employers know there’s a loophole in the law for not addressing bullying. The bill will fill that gap in the law.
Other potential avenues for relief for targets of workplace bullying are ineffective. Intentional Infliction of Emotional Distress claims require targets to prove the bully’s intent and to show severe emotional distress, setting too high of a bar for relief. Workers comp laws often fail to address workplace bullying and psychological harm, and when they do, they provide inadequate relief. DAWA will provide targets a clear avenue to be made whole and to continue their careers.
Employers often don’t enforce their own policies and retaliate against those who report bullying. The target leaving or getting fired is generally what stops the bullying. Because employers aren’t required to follow their own policies, a law requiring employers to create anti-bullying policies and training doesn’t protect targets. Tennessee passed a bill incentivizing workplace bullying policies, and California passed a training-only bill. Neither have proven effective. DAWA does not give employers immunity simply for having a policy. Instead, DAWA creates an incentive for employers to actually prevent, detect, remedy, and eliminate workplace bullying.
We can’t prove intent. We’ve learned from US and international jurisprudence that it’s often impossible for targets to prove the bully’s intent, but the bullying still has negative impacts. Intent (general or specific) must not be one of the required elements for a claim of workplace bullying. Bullying scholars and legal practitioners both understand the difficulty of proving intent. As a result, intent is generally not included in the research definition of bullying and should not be included in the law. DAWA does not require targets of bullying to prove their bully’s intent.
Psychological and physical harm is only one aspect of damage. We’ve learned through US harassment jurisprudence that targets should not have to suffer psychological or physical harm before they have a cognizable claim. As the EEOC has recently reiterated, we want to stop harassing behaviors as soon as possible. An effective bill must establish a standard of harm that mirrors the EEO laws that the hostile environment or the bullying itself is enough of a harm to have a cognizable claim. Just as the EEOC and the judicial system have recognized that a hostile environment caused by harassment based on a protected status is harmful to workers, DAWA recognizes the hostile environment created by bullying is also a harm that should have a legal remedy.
Employers need incentive to change. We know over the history of workplace harassment that the business case is not enough to convince employers to adequately address workplace bullying. Instead, the penalties for failing to do so much be enough to provide incentive. An effective bill must require employers to adopt all necessary steps to eliminate workplace bullying — steps well-established in bullying literature. Failure to do so must expose employers to meaningful penalties. Established defenses have not been effective in preventing, detecting, remedying, and eliminating workplace bullying. An effective anti-bullying bill must avoid adopting immunity defenses.
Legal action must be affordable to everyone. The majority of US workers are unable to afford access to the pay-to-play legal system. An effective anti-bullying bill must account for this lack of access and provide access to remedies via a governmental agency. A governmental agency with enforcement and oversight of an anti-bullying bill will be able to not only provide access to targets, but also provide regulations, enforcement guidance, and model policies for employers. Conflict resolution via a governmental agency will be more expeditious than litigation, prevent tying up already overburdened courts with additional litigation, and provide paths for mutually agreeable resolutions that will allow employers and employees to continue a productive working relationship. DAWA would assure targets several paths to remedies including access to a state agency with enforcement power and private litigation should they choose that route.
