Mobbing-U.S.A.
Emotional Abuse in the American Workplace
State of Oregon, Department of Environmental Quality ANTI-MOBBING POLICY no. 50.110
State of Oregon, Department of Environmental Quality ANTI-MOBBING POLICY no. 50.110
Policies and procedures effective date: September 19, 2002INTENT:This policy will help ensure that DEQ employees are provided a safe, respectful work environment, free of intimidation, hostility, harassment and other mobbing behaviors.AUTHORITY:DEQ Policy 50.010; State Policy 50.010.01DEFINITIONS:Workplace mobbing is a form of harassment that is not based on an individual's protected class status (i.e. gender, race, sexual orientation, religion, age, disability, national origin, etc.), and is perpetrated by any employee against another employee. Mobbing is intentional verbal or non-verbal conduct by one or more individuals against another individual over a period of time, that continuously and systematically:
- Intimidates, shows hostility, threatens, offends, humiliates, or insults any co-worker; or Interferes with a co-worker's performance; or Has an adverse impact on a co-worker's mental or physical well-being; or
- Otherwise adversely affects a co-worker.
For purposes of this policy, a “targeted worker” refers to the victim of alleged mobbing behaviors; “perpetrator(s)” refers to the employee(s) who is/are allegedly performing the mobbing behaviors.Mobbing can occur in various ways:
- Among co-workers, Among co-workers and one or more managers targeting another co-worker, Manager or group of managers targeting a co-worker, except that this definition does not include a manager’s good faith efforts in counseling, coaching and/or disciplining an employee for valid, documented substandard work performance or other work related issues; or
- Co-worker(s) targeting a manager.
POLICY:DEQ is committed to providing a safe, respectful work environment for all employees, free from mobbing behaviors. All DEQ employees are expected to adhere to acceptable conduct at all times. This includes respecting the rights and feelings of others and refraining from any behavior that might be harmful to co-workers.Mobbing behaviors are violations of DEQ’s Health and Safety Policy and DEQ's Workplace Violence Policy.Prohibited mobbing behaviors include, but are not limited to:
- Threatening, intimidating or hostile acts directed at a co-worker; Generally abrasive behavior; Using obscene, abusive or threatening language or gestures; Discrediting a co-worker; Slander; Withholding information vital to the co-worker's job performance; Acts of physical or emotional isolation. Prohibiting due process; Retribution for pursuing due process;
- Verbal or physical behavior which is derogatory, abusive, bullying, threatening or disrespectful.
Mobbing will be evaluated based on what a reasonable person would judge to be unacceptable behavior under similar conditions or situation. Mobbing is persistent and systematic harassment and does not include isolated incidents or appropriate corrective measures which may be covered in other policies. For example, a single use of an offensive comment is unacceptable and may be a violation of the harassment-free workplace policy, but a single offensive comment is not mobbing. Likewise, while warranted discipline or a justified poor performance review may have an adverse impact on a worker’s mental well-being, such corrective actions by themselves are not mobbing.RESPONSIBILITIES:DEQ will take reasonable steps to provide a workplace environment that is free of intimidation, hostility, harassment and other workplace mobbing behaviors. DEQ will take immediate and appropriate action when mobbing behaviors occur in violation of this policy. Such actions may include but are not limited to, at DEQ’s discretion, separating a targeted worker from the perpetrator(s), appropriate disciplinary action, reassignment, and/or mediation by a mutually agreed upon mediator.When one or more represented employees are involved, and DEQ determines that mediation is appropriate, both DEQ management and the AFSCME Local 3336 Executive Board, will select a mediator from a list of qualified mediators. The cost of the mediator will be shared by AFSCME Local 3336 and DEQ when both management and represented employees are involved in the mediation. If the mediation is between represented co-workers, payment will be discussed between AFSCME Local 3336 and DEQ.DEQ prohibits mobbing. Any violation of DEQ’s anti-mobbing policy should be reported immediately to either a manager, a Division Administrator, Human Resources, or an AFSCME Local 3336 Union Steward. The report should be in writing with a statement of facts. The person receiving the report shall immediately forward the report to Human Resources. Human Resources will ensure that all reports of policy violations are promptly and appropriately investigated. Any investigation shall include unbiased interviews with the alleged perpetrator(s) and target(s). If the result of the investigation indicates that corrective action is called for, such action may include disciplinary action up to and including dismissal of the perpetrator(s). This does not preclude the requirement that management follow applicable state policy regarding disciplinary actions or that the union provide fair representation to represented employees.DEQ prohibits any form of retaliation against an employee filing a good faith complaint under this policy or for assisting in a complaint investigation. If retaliation occurs, it may result in disciplinary action up to and including dismissal of the offender(s).
