Workplace Bullying and Organizational Culture: Learning from Jonathan Martin, Richie Incognito, the Miami Dolpins, and the NFL

(image from abclocal.go.com)

Taunts and trash talk abound in the National Football League (NFL), both in practice and on game days. Rookies are routinely hazed by being forced into bad hair cuts, paying for team dinners, or being taped to goal posts. The testoterone-laden culture of the NFL is one that encourages and prizes machismo and aggressiveness. But when do pranks, profanity, threats, and name-calling cross the line into bullying? This question is one that the NFL is struggling to answer on the heels of a recent drama that is still playing out.

Jonathan Martin recently quit his job as a football player for the NFL's Miami Dolphins  in order to receive help for emotional issues stemming from being the target of threatening behavior by teammate Richie Incognito. Incognito (who is white) reportedly referred to Martin (who is biracial) in text messages by using racial slurs and threatening to cause bodily harm to members of Martin's family. The Dolphins organization has since suspended Incognito and has said that it is working with the NFL to fully investigate the claims.

The Society for Human Resource Management (SHRM) defines workplace bullying as "persistent, offensive, abusive, intimidating or insulting behavior or unfair actions directed at another individual, causing the recipient to feel threatened, abused, humiliated or vulnerable."

These types of behaviors are what some academic researchers refer to as interpersonal counterproductive work behaviors. An employee (or group of employees) engages in behaviors that impede the ability of a coworker (or group of coworkers) to do their job. In the legal arena of human resources, this could also be considered as harassment when is based on legally-protected characteristics (such as age, race, gender, or religion) and creates a hostile or abusive work environment.

Whether you refer to it as bullying, harassment, or counterproductive work behaviors, these types of actions typically are not viewed positively in most organizations, and likely have negative consequences in terms of individual, team, and/or organizational productivity and effectiveness. However, the culture in some organizations may actually foster this type of behavior. Studies and surveys on workplace bullying have shown that bullies are most likely to be male, are most likely to bully other males, and the individuals exhibiting bullying behaviors often do so out of a sense of their own inadequacies. In an organization like the NFL, where teams are made up exclusively of male players, and where competition between teams (to make plays and win games) and within teams (for starting positions, spots on the team roster, and higher salaries) is constantly present, the environment is ripe for bullying to occur.

One recent academic article^[1] examining harassment concluded that organizational culture was one of the strongest predictors of sexual harassment, and the NFL is learning the hard way that workplace bullying is likely similar. Reports are surfacing that Incognito may have been encouraged and enabled by team coaches in his treatment of Martin. Teammates have defended Incognito's actions and questioned Martin's toughness. And throughout the league, it seems that Martin's withdrawal is seen with more disdain than Incognito's alleged behaviors.

As reported by Sports Illustrated, one former teammate of both players, who questioned whether bullying really occurred, stated the following: "What people want to call bullying is something that is never going away from football. This is a game of high testosterone, with men hammering their bodies on a daily basis. You are taught to be an aggressive person, and you typically do not make it to the NFL if you are a passive person. There are a few, but it’s very hard. Playing football is a man’s job, and if there’s any weak link, it gets weeded out. It’s the leaders’ job on the team to take care of it."

Whether you think this player has a valid argument or not, I think he got at least one thing right - bullying is not going to go away from the NFL, at least not without a cultural change. Not only is toughing out physical and emotional pain the expectation in the NFL, but inflicting that physical and emotional pain on others is often encouraged, if not celebrated. The NFL made a strong statement against intentionally inflicting physical pain after the New Orleans Saints bounty scandal a couple of years ago. Now it's time to see the statement they make against intentionally inflicting emotional pain in the current Miami Dolphins bullying scandal.

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^[1] Willness, C. R., Steel, P., & Lee., K. (2007).A Meta-analysis of the Antecedents and Consequences of Workplace Sexual Harassment, Personnel Psychology, 60, 127-162. DOI: 10.1111/j.1744-6570.2007.00067.x.

Discrimination Based on Perception: The Case of Naida Hosan

(image from yahoo.com)

Naida Hosan changed her name to Naida Christian Nova because of the harassment that she received from fellow Army personnel, all because her last name sounded too Islamic. Even though Naida is Catholic, she claims to have been the victim of harassment based on the perception that others had of her religion.

As initially reported by the AP and made front page news on Yahoo!, Naida claims that even her name change and reassignment did not stop the harassment. It eventually led her to check herself into a military hospital because of depression and thoughts of suicide. After formally filing a complaint and request for voluntary discharge, she was instead involuntarily discharged for "ineffective leadership." Citing recent performance appraisals to the contray, Naida filed suit against the Army, who subsequently made an about face and dropped the involuntary discharge. Naida, in turn, dropped the lawsuit and continues to be enlisted in the Army.

This case highlights the fact that discrimination and harassment do not have to be based in the victim being an actual member of a protested class (religion and national origin, in this case), but can characterized by others' perceptions and subsequent treatment of the individual.

Reasonable Accommodation for Mental Health Issues: The Case of The Houston Rockets and Royce White

Reasonable accommodation is the legal term for an organization's responsibility to enable a qualified individual to perform their job, usually in the case of religious beliefs or disability. For example, an employer may have to avoid scheduling an employee to work on Sunday if the employee's religion prohibits such activity. Similarly, the way a workspace is designed may have to change for an employee with physical disabilities, such as a wheelchair. Other accommodations of work duties, schedules, dress codes, or other company practices may have to be made is similar situations of religious observance or disability.

An accommodation is considered reasonable as long as it does not constitute an undue hardship to the employer. What constitutes and undo hardship may depend on the situation, the expense, the size of the company, their financial situation, the type of company, etc.

With regards to religious observance and physical disabilities, reasonable accommodation are fairly straight forward and reasonably well understood. But what constitutes reasonable accommodation or undue hardship for a mental health issue such as an anxiety disorder?

image from bleacherreport.com

In one high profile example, the NBA's Houston Rockets drafted Royce White, a basketball player with admitted mental health challenges, including anxiety that could affect his ability to perform his job. For example, he is extremely afraid of flying. For a professional basketball player who is on the road for half of the season's games, that is a big hurdle to overcome.

In a video interview from USA today, White's desire to have a trained mental health professional available to diagnose his condition before games seems reasonable. And his argument equating mental health to physical health is compelling. Legislation such as the Mental Health Parity Act of 1996 and the Mental Health Parity and Addiction Equity Act of 2008 require health care plans that cover mental health to cover them in an equal manner to physical health coverage. However, these do not mandate that health care plans even cover mental health. And the 2008 law is still waiting for a final ruling from President Obama.

On the other hand, it seems that some of White's demands may be outside the bounds of reasonable accommodation. He reportedly wouldn't accept an assignment in the NBA's developmental league, which earned him a suspension without pay for breach of contract. And, as discussed by Sports Illustrated's Phil Taylor in the January 21 issue, even the request for medical decisions to be made by mental health professionals may not be doable under the the collective bargaining agreement (CBA) between the NBA and the players' union (though one of the problems may be that mental health is not adequately address in the CBA).

The Rockets have tried to make some concessions, such as paying for ground transportation to away games when feasible. But how much does an organization have to do before it falls outside the realm of reasonable accommodation? If, even after attempting some forms of accommodation, the disability (physical or mental) significantly inhibits the ability of an individual (such as White) to perform the job (consistently play basketball at an NBA level), then it could be argued that the individual is thus not qualified for the job.

Recent reports suggest that the Rockets and White may be close to a deal, and I certainly hope this is the case. I am not sure what the right answer is or where to draw the "reasonable accommodation/undue hardship" line - only that more discussion into the often-ignored subject of mental health issues in the workplace is needed. This is one high profile example, but there are probably thousands of individuals and numerous organizations trying to navigate similar situations without much of a road map to guide them.