Imagine the following scenario: It’s time to replace your HVAC filer, so you visit the XYZ Hardware Store. You approach an employee who is wearing a badge reading, “I’m Kelly. I’m Here to Help You.” She is engrossed in her iPhone and doesn’t look up or acknowledge you. After an awkward moment, you ask, “Excuse me, where can I find HVAC filters?” Without looking up, barely acknowledging your existence, she mumbles, “Try aisle five.” You go to aisle five: no filters. You return to “I’m Here to Help You Kelly,” and tell her there were no filters in aisle five. “It’s near aisle five,” she mutters, still captivated by her phone. “You’ll find it.” As your blood pressure rises you look for a supervisor and find a young man whose badge reads, “Jeff. Assistant Manager.” You ask about HVAC filters and mention that Kelly sent you to aisle five and wasn’t helpful. “What?” Jeff exclaims, storming off. Jeff confronts Kelly and, in a loud voice, says, “I don’t know what’s wrong with you. You know HVAC filters are in 7B. Why didn’t you say so?” He tears into her, calling her “stupid,” “ugly,” “useless” and finally: “You don’t deserve to work here. You’re lucky the owner likes you. If it was up to me I’d toss your ugly ass out. Do you understand?” Kelly, sobbing uncontrollably, nods her head. Jeff gives you an “I guess I told her!” look. You decide you can live with your current filter and start to leave. You pass an older employee with the weary look of a workplace sage and ask, “Did you see how Jeff treated that employee? How does he get away with that?” “I saw it,” she replies and shrugs. “He’s the owner’s son-in-law. Untouchable.” You make an unplanned stop at a liquor store and, when you get home, you are still annoyed at Kelly but feel sorry for her. You are troubled by the way Jeff treated her and discouraged by the conversation with the sage. You feel sick to your stomach. Then you realize:
You have entered a new dimension … as vast as retail and as timeless as anger. It is the middle ground between light and shadow, between science and superstition, and it lies between the pit of man’s fears and the summit of his ambition. This is the dimension of abusive conduct. It is an area which we call the Workplace Bullying Zone. (Homage to Rod Serling)
Why We Need A Workplace Bullying Law (Part II)
When Pima County Sheriff’s Sergeant Kevin Kubitskey filed a complaint against Sheriff Chris Nanos in early 2016, the County’s workplace bullying policy had been in effect for three years. Through investigations and training, County employees and managers began to monitor employee behavior through the lens of the policy, and the County’s workplace culture benefited from the change. Cases brought under the policy quickly came to dominate the Human Resources investigative docket, validating the unanimous vote by the Board of Supervisors to adopt it. Unfortunately, since the policy is not fortified by state law, there is no requirement for public accountability. That flaw was illustrated in the case against Sheriff Nanos, who had been appointed to the position when his predecessor retired and was running for election in 2016.
When Sgt. Kubitskey submitted a series of incidents in support of his claim I was assigned to investigate his allegations. Pima County’s workplace bullying policy defines bullying as “intentional behavior with the purpose of creating an abusive work environment.” Sheriff Nanos not only provoked and humiliated Sgt. Kubitskey (in front of a witness), he also confronted and embarrassed him in an incident in the Sheriff’s Department cafeteria and personally attacked him in an email message delivered to the entire Department staff. The Sheriff admitted many of the facts alleged against him when I interviewed him, as well as in an interview with Tucson Police. I concluded that “There is sufficient evidence to substantiate that Sgt. Kubitskey was a victim of workplace bullying as defined by Board of Supervisors Policy D 23.1.” It was not a close call and my two immediate supervisors concurred and referred the report to the chain of command. The Director of Human Resources agreed that the facts supported the finding of bullying, but suggested the Policy did not apply for technical reasons. The report was hand-delivered to Deputy County Administrator Tom Burke on July 28th.
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