Employee Survival Guide® - Fear Itself : The Causes And Costs Of Workplace Fear
Episode Date: March 7, 2022In this episode of the Employee Survival Guide, Mark further explores the issue of fear at work by examining some of the most common workplace fears. While the general topic of fear in the workplace i...s complex as it involves the intersection of human emotional dynamics, psychology, science, business ethics, and employment law, it is important that both employers and employees discuss this very real and important issue. By mentioning some common sources of fear, they will hopefully become more manageable. If it is human it is mentionable. Fear in the workplace is most definitely a part of contemporary human experience. Listen to the Employee Survival Guide podcast latest episode here https://capclaw.com/employee-survival-guide-podcast/If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts.For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com.The content of this website is provided for information purposes only and does not constitute legal advice nor create an attorney-client relationship. Carey & Associates, P.C. makes no warranty, express or implied, regarding the accuracy of the information contained on this website or to any website to which it is linked to.If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Transcript
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Hey, it's Mark here, and welcome to the next edition of the Employee Survival Guide, where
we, or I, tell you what your employer does not want you to know about, and a heck of
a lot more.
Today, we're going to be talking about fear itself, the causes and costs of workplace
fear.
Iconic children's television host Fred Rogers famously said, anything that is human is mentionable, and anything that is
mentionable can be manageable, end quote. Recently, I published an article on fear in the workplace
on our website. The article recognizes the very human experience of fear in the workplace
and suggests some techniques for recognizing and coping with these fears when they arise at work.
I'm hoping that this podcast will
expand upon the discussion of fear from the previous article. This podcast is intended to
further explore the issue of fear at work by examining some of the most common workplace fears.
While the general topic of fear in the workplace is complex, as it involves the intersection of
human emotional dynamics, psychology, science, business ethics, and employment law.
It is important that both employers and employees discuss this very real and important issue.
By mentioning some common sources of fear, they will hopefully become more manageable.
If it is human, it is mentionable. Fear in the workplace is most definitely a part of
contemporary human experience.
The economic and emotional costs of a fearful workplace. It is important to recognize that fear in the workplace is a problem for both employers and employees. While fear can make
a workplace uncomfortable or even intolerable for employees, it can also have a negative impact on
business revenue. Fear is psychological, but it has physical effects as well. Stress and anxiety
resulting from the workplace fear can cause increased heart rate, sweating, adrenaline rush,
and even a fight-and-flight response. Fear spreads from the mind to the body. This feeling often
leads to employees being paralyzed with fear and unable to work effectively. Low employee morale, reduced
productivity, and high employee turnover result. Recent research has linked sexual harassment or
assault at work to increased risk of hypertension among women. The costs of workplace fear are
staggering and deeply personal. Employees often bear the costs of rampant workplace fear,
so they have a great incentive to prevent or ameliorate the condition.
In the current age of worker shortages, these conditions can lead to devastating financial costs for a business.
According to the American Institute of Stress, some 83% of U.S. workers suffer from work-related stress,
while U.S. businesses lose up to $300 billion yearly as a result of workplace stress.
Workplace fear and stress cause an estimated 1 million workers to miss work every day in the U.S.
To the extent that the extraordinary cost of fear in the workplace contributes to a much higher business cost in general,
fear can have a widespread economic consequence for our nation.
Some common sources of workplace fear.
While workplace fears can be as diverse and multifarious as any human activity,
there are certain sources of fear that are common or endemic to the contemporary American workplace.
While the sources of workplace fear are unlimited,
we can try to mention a few of the major categories in order to make them, quote,
more manageable, end quote.
So what are human beings in our country most afraid of at work?
Number one, fear of termination.
This fear tops the list and sets the stage for countless other related fears.
The American Employment at Will doctrine ensures that this fear will run rampant throughout the workplace for years to come,
at least until our lawmakers begin to change it for a more humane policy.
The at-will employment principle means that unless the employee has a contract of employment for a term of years
or is a member of a labor union, she can be terminated at any time, for any lawful reason, with or without cause.
This means that an employee who depends upon their job for financial or health reasons
can lose their job on any given day, at any given time, and for almost any reason,
even for no reason whatsoever.
No matter how much tenure one has, no matter how great one's performance is or has been,
no matter how perfect one's work product is,
the at-will rule makes fear the daily
lot for most employees. This leads to constant fear of uncertainty. Will I be fired for making
one mistake for no reason even if I make no mistakes? What if my supervisor doesn't seem
to like me? What if a co-worker who is liked by the boss has a problem with me? What if I can't
find another job in my field
after this? Every day, millions of at-will employees need to worry about whether they will be able to
continue to earn a living. It is important to remember that working is not a choice. It is not
optional in our society. The need to work to support oneself and one's family is categorical
necessity. The United Nations General Assembly has adopted the Universal Declaration of Human Rights,
which states in relevant part,
quote,
The Employment at Will rule is a violation of basic human rights,
or at least a vehicle for such violations.
That makes a paying
job a necessity for living. The uncertainty created by employees by this rule is intensely
fear-inducing. One important aspect to remember when facing the fear of termination is that
although the employment at will rule allows employers to terminate employees without cause,
there are many reasons why an employer cannot terminate an employee without violating the law. Termination is motivated by racism or disparate treatment of workers based upon race,
gender, nationality, religion, age, or disability status is unlawful. Terminating an employee for
reporting misconduct by a supervisor or who advocated for better working or safety conditions
is also prohibited.
Terminations based on retaliation for reporting sexual harassment,
taking an FMLA leave, or for requesting accommodations for a disability are likewise illegal.
While employment at will is inequitable,
it has definite limits about which employees should be aware.
Fear of not knowing.
One of the most common ways that fear-based employers
control their employees is by controlling the flow of information. An employer who always knows
more than its employees can always maintain control over them. The knowledge deficit is one
of the most common sources of fear at work. We have written past articles about how American
businesses spend a fortune each year on employment lawyers, while individual employees spend very little seeking counsel on their workplace issues.
When an employer's superior knowledge about workplace laws goes unchallenged,
it is often abused to an employee's detriment. Deliberately withholding key information from
employees is used as a discriminatory or retaliatory tactic and often comes up in discrimination cases. When a
supervisor is discriminating against an employee, they may refuse to share important details about
work or changes in policy in order to disadvantage the unsuspecting employee. Often employees who are
being targeted with discrimination or harassment will be excluded from meetings, gatherings, or
training sessions that are key to their participation in the workplace.
This can be an intense source of fear, as it creates a feeling of being left behind by one's colleagues.
It can also seriously impact one's ability to function in a team environment.
The next one is my favorite, fear of retaliation.
retaliation. Fear of termination leads to situations where a supervisor or manager might take advantage of subordinates or discriminate against them based on the knowledge that the
employee will be too afraid of losing their position to complain. This happens much more
often than people think. Employees under-report sexual harassment, illegal discrimination,
workplace bullying, safety issues, and other illegal employment practices for fear of retaliation. This fear is far from unfounded. In our experience,
retaliation is the rule rather than the exception. While it is unlawful for an employer to fire,
demote, harass, or otherwise retaliate against an individual for filing a complaint of discrimination
or participating in a discrimination proceeding or otherwise opposing discrimination,
these instances occur with great frequency. The same laws that prohibit discrimination based
upon race, color, sex, religion, natural origin, age, disability, and genetic information also
prohibit retaliation against individuals who oppose unlawful discrimination or participate
in an employment discrimination proceeding. Retaliation is so fear-inducing because it can take place behind the scenes
and can be very hard to prove.
Retaliation is so destructive because it has a chilling effect on employees
who would otherwise report illegal practices or object to mistreatment.
Retaliation can take numerous forms, denying routine requests,
excluding employees from meetings or memos,
issuing unnecessary performance improvement plans, unjustified poor performance reviews,
failure to promote unjustified discipline, failure to provide routinely available transfers,
schedule changes, training or other workplace accommodations, failure to accept quality
work without cause, and terminations disguised as performance-based
are just a few of the myriad methods of retaliation at work.
Fear of workplace bullies.
Many workers feel intimidated by others at work.
We have previously written articles on the topic of workplace bullying on our website.
Workplace bullying may be defined as a range of workplace behaviors characterized by repeated mistreatment of an employee by one or more employees, including abusive conduct that is threatening, humiliating, intimidating, work sabotage, assault, verbal abuse.
Workplace bullying may include directly aggressive actions or insults, as well as unwelcome jokes, pranks, and ridicule. Workplace bullies often target
specific individuals seeking to harm and intimidate those whom they perceive as vulnerable in some way.
According to the Workplace Bullying Institute, 19% of adult Americans experience workplace bullying.
That means that some 60 million workers are affected by this type of misconduct.
65% of people bullied at work are
women, and 70% of the perpetrators are men. Approximately 61% of bullying is committed by a
supervisor or boss. In 2019, a Monster.com survey revealed that nearly 94% of responding employees
reported being bullied in the workplace. These statistics are shocking when
one considers that there is no federal law and federal state laws prohibiting or even acknowledging
bullying in the American workplace. While few lawmakers are acting to address the problem,
workplace bullying recently made national news as a top White House science advisor to President
Biden, Dr. Eric Lander, resigned in February of 2022 amid allegations that he had been
disrespectful and demeaning to colleagues. Dr. Lander apologized for his actions and publicly
acknowledged them. While Dr. Lander took responsibility by acknowledging his behavior,
most workplace bullies are far less repentant and self-aware. The most successful workplace
bullies are supervisors who are able to target employees
who complain about their conduct with poor performance reviews or bogus disciplinary
documentation. While lawmakers are largely ignoring the problem, both workers and employers
should take notice. Both the economic and emotional costs of the workplace bullying are high.
For the targets of bullying, the impact often includes damage to the physical and emotional
health as well as the careers. Targets suffer major stress, anxiety, depression, trauma, high blood
pressure, gastrointestinal issues, and more. Targets are often faced with job loss, transfer, and demotion
as well as other adverse workplace impacts. For employers, workplace bullying results in low morale,
workplace impacts. For employers, workplace bullying results in low morale, increased HR complaints, higher turnover, increased absenteeism, higher employee health care costs. Lots to be
afraid of here, isn't it? The more recent one is COVID fears. The recent global pandemic has ushered
in a new wave of heretofore unimagined workplace fears. Fear of physical proximity to customers and
co-workers is a pretty tough one to get used to. Fear of layoffs, shutdowns, lockdowns, shuttered businesses has
been a challenge across the nation. The changes brought on by the pandemic will have long-term
effects on the fear factor in the workplace. Fear of the unknown changes in the workplace
brought about by COVID-19 have contributed both to the great resignation and the challenges with the work-from-home revolution. As businesses try to return to a
normal post-COVID workplace environment, a recent Pew Research Center survey shows that 60% of
workers currently working remotely wish to remain at home for work when the pandemic is over. Of
that number, some 42% cited fear of
contracting COVID as the primary reason for the desire to remain at home. Employees who have a
need for either medical or religious exemption from COVID vaccine mandates are particularly
vulnerable to fear at this time. Many government and private employers have apparently decided
that religious or even medical accommodations for vaccine exemption are to be rejected out of hand for the greater good of the organization. In many of the
cases the firm has worked on, the accommodations are often rejected without any analysis of the
undue burden the accommodations would have had on the employer's business. Loss of one's religious
freedom and disregard of a treating doctor's advice not to get a COVID vaccine forces employees to choose between fear of the job loss or fear of dire medical or moral or
spiritual consequences. For those who suffer with chronic medical conditions or risk factors
or live with loved ones who do, will remain fearful and vigilant at work as long as COVID
transmission is a possibility.
The law provides very little leeway or protection for workers seeking remote work accommodations due to their own or a family member's vulnerability to COVID.
Some reasonable accommodations involving work from home are possible,
but many will be forced to return to quote-unquote normal office environments,
notwithstanding legitimate reasons to fear for
their health and their family's safety due to COVID. Many employers are ignoring the success
of the work-from-home paradigm in order to restore what they see as a preferable or more profitable
status quo ante. And then finally, fear itself. In his nation-inspiring inaugural address,
President Franklin D. Roosevelt famously said, quote,
expiring inaugural address. President Franklin D. Roosevelt famously said, quote,
so first of all, let me assert my firm belief that the only thing we have to fear is fear itself.
Nameless, unreasoning, unjustified terror, which paralyzes needed efforts to convert retreat into advance, end quote. This podcast was aimed at naming some of the most common
sources of fear in the workplace
so that we can begin to reason about them and to ameliorate the unjustified terror that leads to paralysis at work.
Let us be fearless in exposing workplace terror whenever and wherever it occurs.
Thank you for listening to the podcast this week.
And remember to review us on your podcast app.
We'd love to have your insight. And have a great week. And remember to review us on your podcast app. We'd love to have your insight
and have a great week.
Thanks.