Although virtually no bully initially acknowledges
the consequence of his conduct--that he has
created a victim--courts are beginning to
recognize illegal retaliation through the
results, including by circumstantial evidence.
Victims also include coworker witnesses and
ultimately the government (and taxpayers).
Until such recognition becomes widespread,
so that retaliating managers can be held
personally accountable, escalation cycles
will continue.
Now, cover-ups are frequent, if not par for
the course. Federal agencies almost never
terminate managers who retaliate against
their subordinates, nor even demote such
poor managers (although a few receive limited
reprimands, such as a 10 day suspension).
Remember, most managers are civil servants,
too, and with the support of career personnel
officers, can well take advantage of the
very system used against whistleblowers.
Often, retaliating managers receive stellar
ratings or promotions. This solidarity in
the authority structure supposedly promotes
discipline (albeit non-recognition of anti-retaliation
laws also), and reinforces the manager's
(and agency's) case if the employee dares
litigate or complain to Congress. Usually,
other managers feel obliged to show unity
even with known bullies, who invariably portray
themselves as unfairly accused or threatened.
Even getting the subordinate's side of the
story is almost always criticized as disloyal
to the agency.
Academic studies back up the folk wisdom
that some organizations tolerate wrongdoing.
Government bureaucracies by definition lack
marketplace discipline. Also, very few managers
can change a troubled bureaucratic culture.
Managers in troubled organizations (including
federal agencies facing budget cuts) may
consider health and safety violations or
wasteful practices essential for their survival
(at least in the short term). Greed motivates
other wrongdoing: from simple expense account
fraud to much more intricate and expensive
schemes. Laziness and inertia also take a
toll, particularly in the federal bureaucracy:
the "old boy" network is by definition
neither cost- nor merit-based.
Retaliation happens because it usually works,
particularly in the federal workplace. Escalation
may seem an easy way out, even it that means
the problem keeps getting more devastating
and expensive to correct. Co-workers disassociate
themselves from a retaliation victim, both
because of his or her perceived lower status
and to avoid becoming the next targets themselves.
Friends and family may be supportive at first,
but support wanes with time. Most consider
an employee remaining in a hostile environment
crazy. Thus, a bully boss may baldly state:
"Why don't you just leave? We don't
want you here!" Others make work difficult
or impossible for the whistleblowing employee
in more subtle ways. After all, as one retaliating
manager put it, "Don't be a martyr!"
Vindictive people rarely consider themselves
responsible for their emotionally-based actions.
Blaming the victim is easy. Bully bosses
also rarely consider their effect on workplace
morale, which invariably declines. Retaliation
seems a pragmatic solution, but is not. Still,
many personnel officers assist retaliation
rather than compliance with whistleblower-protective
laws. "Out of sight, out of mind"
puts the focus on the employee's departure,
by whatever means possible. Private sector
workers facing similar retaliation, especially
because of a racially or sexually hostile
environments, may have better legal protections
than civil servants who do their jobs by
reporting corruption. Taxpayers, however,
lose when whistleblowers leave, particularly
if the wrongdoing remains.
Last Revised August 8, 2002 |
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