Some days I feel like--in the words of my youngest son's hero, Buzz Lightyear--"I have landed on a strange planet." Nowhere is that feeling stronger these days than when considering the current state of the Albuquerque and New Mexico Labor boards, and their various travails.
Attorney, arbitrator, mediator and ALJ Pilar Vaile discusses updates and issues of interest in Labor and Employment law, from the perspective of an ADR Professional. For more information on the author, please see www.pilarvailepc.com.
Disclaimer and Notice
THIS BLOG SITE IS INTENDED AND DESIGNED FOR INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE EITHER LEGAL ADVICE OR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP.
Thursday, June 30, 2011
Bullying Legislation, Revisited.
I have previously written about bullying legislation with considerable suspicion. To summarize, "I'm not a fan." Specifically, I expressed the view that it's impractical, over-burdensome on business, concerns a fuzzy, subjective term that cannot be uniformly applied or understood, and reflects a policy conclusion is not empirically established at all, at this point, e.g., that forceful/aggressive employees are "bad" for business and meeker/milder employees are "good", and that we need to run one group out in favor of another.
Recently, however, I've explored the matter further with colleagues, through a question posed by Marc Brenman on ADR, Conflict Resolution and Mediation Exchange--"Bullying: Amenable to legislated approaches?" Ultimately, although I appreciate that my view and understanding of workplace "bullying" has been broadened and enhanced considerably, I come to the same conclusion regarding the efficacy and desirability of anti-bullying legislation.
Labels:
ADR,
anti-bullying legislation,
bullying,
discrimination,
hostile workplace,
labor employment law,
mediation,
reasonable person standard
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