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SEX, LIES & VIDEOTAPES: CYBER BULLYING ISSUES IN A DIGITAL WORLD

SEX, LIES & VIDEOTAPES: CYBER BULLYING ISSUES IN A DIGITAL WORLD. SEX, LIES & VIDEOTAPES: CYBER BULLYING ISSUES IN A DIGITAL WORLD. Moderator : Mercedes Colwin , Esq., Managing Partner, Gordon & Rees, LLP Panelists : Brenda H. Feis , Esq., Partner, Stowell & Friedman, Ltd .

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SEX, LIES & VIDEOTAPES: CYBER BULLYING ISSUES IN A DIGITAL WORLD

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  1. SEX, LIES & VIDEOTAPES: CYBER BULLYING ISSUES IN A DIGITAL WORLD Chicago, IL ~ March 24 & 25, 2011

  2. SEX, LIES & VIDEOTAPES: CYBER BULLYING ISSUES IN A DIGITAL WORLD Moderator: Mercedes Colwin, Esq., Managing Partner, Gordon & Rees, LLP Panelists: Brenda H. Feis, Esq., Partner, Stowell & Friedman, Ltd. Thomas P. Hams, Esq., Managing Director, National EPLI Practice Leader, Financial Services Group, A Division of Aon Risk Services Central, Inc. Kieran P. Hughes, JD, Vice President, Financial Lines Claims, Chartis Inc. Salvatore Pollaro, Managing Director, Markel Brett G. Rawitz, Esq., Managing Counsel-Global Labor & Employment Law, McDonald's Corporation

  3. Cyber Bullying Defined To harass, threaten, or intimidate a coworker • Cell phones • Instant messaging • Email • Chat rooms • Social networking sites

  4. Workplace Bullying

  5. Federal Legislation Although there is currently no Federal Legislation outlawing Cyber Bullying, the following legal remedies have been pursued: • Defamation • Intentional infliction of • emotional distress • Hostile work environment

  6. State Legislation Against Cyber Bullying As of April 2009, 16 U.S. states have proposed legislation, which have typically allowed employees to sue their employers for creating an "abusive work environment”.

  7. The Healthy Workplace Bill • Has been introduced in 20 States since 2003 • Allows you to sue the bully as an individual • Holds the employer accountable • Seeks restoration of lost wages and benefits • Compels employers to prevent future instances

  8. The Four Types of Online Information • Weblogs • Industry Forums • Industry Boards • Commercial Websites

  9. Characteristics of Workplace Cyber Bullying • Threatens victims earnings, employment, reputation or safety • Cyber-bullying is about power and control • Motivated by insecurity, jealousy or fear

  10. Workplace Cyber Bullying Statistics • 81% of bullies in the workplace are managers • 11% of United States employees have been cyber bullied • 45% of targets experienced health-related problems

  11. Consequences of Cyber Work Place Bullying • Victims of cyber bullying can experience both physical and mental symptoms, including: • Sleeplessness • Headaches  • Loss of appetite • Acute anxiety • Loss of self-esteem

  12. Tactics Used by the Cyber Workplace Bully • Verbal abuse, threats or intimidation • Sabotage • Malicious rumors or gossip • Unreasonable work loads

  13. How to Identify the Workplace Bully • Staff turnover • Excess absences • Grievances • Department suspensions • Dismissals

  14. What Triggers Cyber Place Bullying? Bullying can be triggered by: • Previous target leaving • New Manager • Disobeying an order • Challenging the status quo

  15. Harassment Versus Workplace Bullying : What are the Differences? Bullying: Exclusively Psychological Anyone is a potential target False Allegations Elimination of Target Driven by Envy Harassment: Physical Components Sex and Race Offensive Language Stalking Domination

  16. How to Stop Cyber Bullying: A Guide to Employers • Promote a work culture where cyber bullying is not tolerated • Clear, written and well-communicated policy • Provide training • Examples of what constitutes cyber bullying

  17. How to Stop Cyber Bullying: A Guide to Employees • Limit work email to work • Block unwanted phone numbers • Remain anonymous to “online friends”

  18. Extreme Cases of Workplace Bullying • Stress • Absenteeism and low productivity • Depression • Suicide • Post traumatic stress disorder

  19. Extreme Cyber Bullying:The Death of Kevin Morrissey

  20. Financial Consequences of Workplace Cyber Bullying Cyber bullying in the workplace results in: • A loss of employment amounting to $19 billion • Up to $6 billion annual loss in productivity • $26 billion annually in work related diseases

  21. Insurance Coverage for Workplace Bullying • Strategies to avoid bullying claims • Be careful who you hire • Establish an anonymous tip line • Take swift action • Coverage for bullying claims may exist • Potential worker’s compensation claim • Wrongful acts under the EPLI Policy • Harassment • All forms of discrimination

  22. Questions?

  23. SEX, LIES & VIDEOTAPES: CYBER BULLYING ISSUES IN A DIGITAL WORLD Moderator: Mercedes Colwin, Esq., Managing Partner, Gordon & Rees, LLP Panelists: Brenda H. Feis, Esq., Partner, Stowell & Friedman, Ltd. Thomas P. Hams, Esq., Managing Director, National EPLI Practice Leader, Financial Services Group, A Division of Aon Risk Services Central, Inc. Kieran P. Hughes, JD, Vice President, Financial Lines Claims, Chartis Inc. Salvatore Pollaro, Managing Director, Markel Brett G. Rawitz, Esq., Managing Counsel-Global Labor & Employment Law, McDonald's Corporation

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