The Foreign Service Journal, December 2016
Workplace Bullying: Setting the Agency Standard AFSA has seen an alarm- ing increase in situations that fall into the category of workplace bullying. Work- place bullying is defined as repeated, unreasonable actions directed toward an employee or employ- ees, which are intended to intimidate, degrade, humili- ate, undermine, or create a risk to the health or safety of the employee(s). These situations not only have horrific, personal effects on the target or targets, but also foster and contribute to an unhealthy work environment for the whole team. Productivity, efficiency, retention and particularly morale can be seriously affected. Without intervention the effects of bullying on the target(s) can end with potentially devastating consequences. This topic is closely related to the sub- ject of my October column regarding duty-of-care and the overriding USAID obliga- tion to protect the health, safety and dignity of its workforce. Within the work unit, supervisors and employees must familiarize themselves with the procedures in USAID’s Automated Direc- tives System 485 on Disci- plinary Action. The Employee and Labor Relations office is the primary resource for employees regarding mis- conduct issues. THE FOREIGN SERVICE JOURNAL | DECEMBER 2016 63 On witnessing or hear- ing about bullying behavior, supervisors are responsible for initiating prompt, impar- tial and constructive cor- rective action. ADS 485 also clearly states that employ- ees have a right to know and respond to any allegations against them. Per those regulations, supervisors should weigh the circumstances (after hearing from both sides), and fully consider the employee’s previous record, character and potential before initiating disciplinary action, if warranted. The U.S. legal system trails many European coun- tries in acknowledging the devastation caused by work- place bullying. Under U.S. law, there is a legal remedy for workplace bullying only to the extent that it ventures into the physical realm, or threatens to do so. Because Foreign Service regulations covering work- place bullying mirror U.S. laws, USAID leadership must set the standard for han- dling bullying in the work- place until the legal system catches up. It is important to note that if bullying or abuse is based on certain demo- graphic categories—e.g., gender, sexuality, age or race—it may be found to violate EEO principles. Similarly, if the behavior is based on the victim’s political persuasion, veteran status or union activity or if it is in retaliation for prior disclosures of waste, fraud or abuse of public resources, anti-retaliation provisions of law could provide a basis for relief. It may happen that cases “fall through the cracks” between different USAID offices and bureaus, meaning that the victim has no resolution and the aggressor’s behavior is not addressed. A tracking system (perhaps housed with an independent ombudsman or neutral third party) would help to ensure resolution, strengthen responses, identify repeat offenders and help to prevent such damaging behavior from continuing. Bullies who are not challenged on their behavior—or worse, who get promoted—will continue to bully. To combat harassment in the workplace, USAID, as the USAID leadership must set the standard for handling bullying in the workplace until the U.S. legal system catches up. employer, must put in place firm anti-bullying policies, and managers must identify and eliminate unacceptable behavior. USAID leader- ship must stand behind the message that our culture does not tolerate the abuse, domination or humiliation of employees. Ongoing personnel management training for supervisors that includes the identification and pre- vention of bullying makes good sense. AFSA continues to advocate for appropriate training and professional development for managers at all levels. Using resources that are already available online, USAID could require core classes and continuing education for managers as a prerequisite for promotion or position eligibility—and authorize time to complete the training. These steps would ensure that the training requirements are institutionalized. Additionally, USAID could revise the diversity checklist, a required input to all super- visor and Senior Foreign Ser- vice evaluations, to better capture bullying and other damaging behaviors. n Views and opinions expressed in this column are solely those of the AFSA USAID VP. Contact: swayne@usaid.gov or (202) 712-1631 USAID VP VOICE | BY SHARON WAYNE AFSA NEWS
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