Workplace Mistreatment: 3 Types and Proven Ways to Prevent It

Workplace mistreatment takes many forms, and not all of them break the law. In professional settings, discussions about workplace harassment and bullying often focus on legal implications. While these conversations are essential, we must also address incidents of mistreatment that may not be illegal but still harm the workplace. With this perspective, how can organizations proactively prevent and address all forms of workplace mistreatment? In the following sections, we will define various types of workplace mistreatment and explore recommendations from HR, safety, and legal experts.

Types of Workplace Mistreatment

The Washington State Department of Labor and Industries identifies workplace bullying, workplace violence, and workplace incivility as categories of behavior that can be damaging to employees and organizations. These categories are defined as the following:

Workplace Bullying: Workplace bullying is a pattern of behavior that harms, intimidates, undermines, offends, degrades or humiliates an employee, possibly in front of other employees, clients or customers. It is important to note that bullying is not generally against the law in the United States unless harassment is based on a protected status such as race, sex, or disability, among others. Even when it is legal, workplace bullying is one of the most damaging forms of workplace mistreatment an employer can allow to continue.

Workplace Violence: Workplace violence is violence or the threat of physical violence, which occurs at the work site. It ranges from threats and verbal abuse to physical assaults and is one of the leading causes of workplace deaths. It can affect and involve employees, customers and visitors. Those who work with the general public, in high crime areas, or in the home or community setting are at a higher risk of workplace violence.

Workplace Incivility: Workplace incivility is common low intensity, harmful behavior that occurs with ambiguous intent, no apparent pattern, violates norms for mutual respect, and with no physical assault. Examples of incivility include interrupting and talking over others, missing a meeting without advance notice, and sending blunt or terse emails. Even unintentional acts of incivility can create a stressful and unpleasant work environment, making it difficult for employers to retain talent. Because it is so common, incivility is often the form of workplace mistreatment that organizations overlook.

Preventative Strategies for Workplace Mistreatment

The HR Quarterly article, “Preventing Workplace Bullying,” by Lisa Nagele-Piazza emphasizes the importance of “going beyond legal requirements” to protect employees from workplace mistreatment. While it is still a must for employers to understand the laws surrounding workplace bullying and harassment, a focus on legal matters is not enough to promote a positive work environment. Nagele-Piazza writes, “Employment laws are not general civility codes, but employers can establish their own guidelines and expectations.”

In doing so, the article recommends creating clear definitions of acceptable and unacceptable behavior, using realistic and relevant examples in training, and consistently enforcing expectations. Additionally, the article recommends establishing a reporting process for employees who are witnessing or experiencing mistreatment, adding, “Take complaints seriously, and consider designating an experienced person or team to conduct investigations.” A reporting process employees trust is one of the best ways to surface workplace mistreatment early, before it escalates.

According to the OSHA Fact Sheet on Workplace Violence, “The best protection employers can offer is to establish a zero-tolerance policy toward workplace violence against or by their employees.” Workplace violence policies should be clear to all employees, and everyone should understand that acts of violence will be investigated and addressed immediately.

Preventing workplace violence comes with an added challenge when working closely with the general public. This is especially true in healthcare or school settings where there are often rules governing how employees can defend themselves as well as ethical considerations for terminating services. To lower the risk for workplace violence, the OSHA Fact Sheet recommends providing safety education and training to employees, securing the workplace with technology such as video surveillance, alarm systems, and electronic keys, keeping a minimal amount of cash on hand, ensuring two-way communication for field employees and supervisors (including sharing location with a contact person throughout the day), and never working alone in potentially dangerous situations.

Responding to Mistreatment in the Workplace

There are a number of ways that employers can respond to workplace mistreatment depending on the kind of mistreatment that occurred. Under the Equal Employment Opportunity Commission (EEOC), employers are obligated to investigate and address claims of unlawful harassment. Depending on the severity of harassment, employers may use warnings and counseling to remedy the situation, or they may transfer or terminate the harasser. Employers are responsible for ensuring that victims of unlawful harassment are not retaliated against for reporting incidents.

While not a legal obligation, Employers should also address workplace incivility. Left unaddressed, incivility can be an early warning sign of more serious workplace mistreatment. The Harvard Business Review article, “The Price of Incivility,” by Christine Porath and Christine Pearson provides the following recommendations to workplace leaders to both prevent and respond to workplace incivility:

Manage your own behavior: Nobody will take written behavioral expectations seriously if those at the top don’t care to follow them. Leaders and supervisors play a powerful role in setting behavioral expectations through their actions. When leaders treat employees with respect and dignity, employees are more likely to do the same.

Hire for civility: Add civility to your must-have list of traits for potential hires.

Remember that even the smartest and most talented employee will have a negative effect on your workplace if they are unable to work well with others and treat them with respect. Conducting group interviews and having candidates spend time with their potential colleagues allows for a team hiring decision that accounts for the candidate’s character.

Teach Civility and create group norms: Incivility is not always deliberate. While civil behavior seems obvious to some, others are not aware of how their own actions may be perceived by others. Roleplaying scenarios, watching videos, and discussing behavioral expectations can go a long way in teaching individuals to self-monitor for civility going forward.

Responding to Violence in the Workplace

OSHA’s Fact Sheet on Workplace Violence provides the following recommendations to employers for responding to workplace violence:

• Encourage employees to report and log all incidents and threats of workplace violence.
• Provide prompt medical evaluation and treatment after the incident.
• Report violent incidents to the local police promptly.
• Inform victims of their legal right to prosecute perpetrators.
• Discuss the circumstances of the incident with staff members. Encourage employees to share information about ways to avoid similar situations in the future.
• Offer stress debriefing sessions and posttraumatic counseling services to help workers recover from a violent incident.
• Investigate all violent incidents and threats, monitor trends in violent incidents by type or circumstance, and institute corrective actions.
• Discuss changes in the program during regular employee meetings.

Building a Workplace Free From Mistreatment

In summary, addressing workplace mistreatment requires a comprehensive approach that goes beyond mere legal compliance. While legal requirements provide a foundation, organizations must proactively cultivate a positive work environment by establishing clear guidelines, fostering mutual respect, and promoting civility. Workplace bullying, violence, and incivility can harm employees and impact organizational success. By prioritizing respect, empathy, and well-being, employers can create workplaces where all individuals thrive. Additionally, implementing independent hotlines for reporting incidents of workplace mistreatment allows employees to voice concerns confidentially, ensuring a safer and more accountable workplace.

Give Employees a Safe Way to Report Workplace Mistreatment

Red Flag Reporting gives your employees a confidential, independent way to speak up about workplace bullying, harassment, threats of violence, and other forms of workplace mistreatment. Reports can be made 24/7, in multiple languages, anonymously if the reporter chooses, and every report is delivered promptly to the people your organization designates. There are no administrator license fees, so your whole team can use the system at no extra cost. Contact us today to learn how easily you can put a trusted reporting channel in place.

Frequently Asked Questions About Workplace Mistreatment

What is workplace mistreatment?

Workplace mistreatment is any behavior that harms, intimidates, or disrespects employees on the job. It includes workplace bullying, workplace violence, and workplace incivility. Some forms, such as harassment based on a protected status, are illegal. Others are legal but still damage morale, productivity, and retention.

Is workplace bullying illegal?

Under U.S. federal law, workplace bullying is generally not illegal unless it is based on a protected status such as race, sex, or disability. Some states and cities have their own rules, so employers should check local law. Either way, employers can set conduct standards that go beyond legal requirements and prohibit bullying outright.

What is the difference between workplace bullying and workplace incivility?

Workplace bullying is a pattern of behavior intended to harm, intimidate, or humiliate someone. Workplace incivility is lower in intensity, has ambiguous intent, and follows no clear pattern, such as interrupting others or sending terse emails. Both are forms of workplace mistreatment, and unchecked incivility can escalate into more serious conduct.

How can employers prevent workplace mistreatment?

Employers can prevent workplace mistreatment by defining acceptable and unacceptable behavior, training with realistic examples, enforcing expectations consistently, and having leaders model respectful conduct. Hiring for civility, adopting a zero-tolerance policy toward workplace violence, and offering a trusted reporting process also help.

Why should employees have an anonymous way to report workplace mistreatment?

Many employees hesitate to report workplace mistreatment because they fear retaliation or because the person involved is their supervisor. An independent, anonymous reporting channel lets them raise concerns safely, so the organization learns about problems early, while they can still be addressed.