On this Labor Day 2023, let’s focus on a recently-released survey by the American Psychological Association (APA), reporting that some 19% of respondents labeled their workplace as being “very or somewhat toxic.” 

The 2023 release of the APA’s annual Work in America Survey (link here) shows that many U.S. workers are not happy with the culture and climate of their workplaces:

For a sizeable portion of Americans, work is demoralizing, frightening, and even traumatic. “Toxic workplace” is an abstract term to describe infighting, intimidation, and other affronts that harm productivity. The result—in any context—is high absenteeism, low productivity, and soaring turnover.

The personal and organizational impacts of toxic workplaces are significant, as additional survey data shows:

• “The majority (59%) of those who were not at all or not very satisfied with their job described their workplace as toxic. Further, 58% of those who reported a toxic workplace also reported that they intend to look for a new job at a different company or organization in the next year, compared with only 27% of those who did not report a toxic workplace.”
• “Those who reported a toxic workplace were more than twice as likely to report that their overall mental health was fair or poor (58%) than those who did not report a toxic workplace (21%). Likewise, more than three-quarters (76%) of those who reported a toxic workplace also reported that their work environment has a negative impact on their mental health, compared with fewer than one-third (28%) of those who did not report a toxic workplace.”
• “Those who reported a toxic workplace were more than three times as likely to report having experienced harm to their mental health at work, compared with those who did not report a toxic workplace (52% vs. 15%, respectively). In addition, 77% of those who reported a toxic workplace also reported that their employer thinks their workplace environment is mentally healthier than it actually is, compared with 49% who did not report a toxic workplace.”

Of course, any reference to a toxic workplace, workplace toxicity, toxic boss/co-worker, etc., requires some unpacking. As I wrote last year:

It appears that a mix of the following has given rise to generic references about toxic work settings:

• • • • The MeToo movement;
      • The pandemic and overwork of workers in essential job categories;
      • The Great Resignation;
      • Diversity, equity, and inclusion;
      • Political and social discord;
      • Bullying and incivility;
      • Attention to bad bosses;
      • Wage stagnation and benefit cuts;
      • The recent dramatic uptick in union organizing.

The APA survey recognizes that point, as well. But larger message is that this broad topic encompasses negative behaviors and actions that need to be taken seriously.

Surgeon General’s Framework

The APA survey expressly tracks the U.S. Surgeon General Vivek Murthy’s 2022 Surgeon General’s Framework for Workplace Mental Health and Well-Being (link here), which includes workplace toxicity among its major concerns and specifically mentions workplace bullying under the category “protection from harm.”

Later this year, I will discuss my forthcoming law review article on workplace safety and health laws that also invokes the Surgeon General’s Framework. I think that this growing attention to toxic workplaces and the accompanying human and organizational costs potentially opens the door to a stronger federal regulatory role in safeguarding workers’ mental health.

Responding to toxic workplaces

The APA also commissioned writer Scott Sleek to do an accompanying article (link here; screenshot above) on how to combat toxic workplaces. I was among those interviewed for the piece, and here is what I said:

• “Toxic workplaces can involve ethical and legal offenses, such as sexual harassment, discrimination, and whistleblower retaliation, said David Yamada, director of the New Workplace Institute at Suffolk University Law School. In other cases, the toxicity involves bullying or unreasonable workloads. The result—in any context—is high absenteeism, low productivity, and soaring turnover.”
• “People who believe they’re being mistreated at work can look for corrective options in their employee handbook, from their union, or from an attorney, psychologists say. They should also consider whether their organization’s human resources department takes employee complaints seriously, Yamada said. In many cases, seeking a new job may be the best recourse, he added. Employers should investigate complaints and concerns about toxic work conditions as soon as they emerge…. They should look for and eliminate discrimination or sexual harassment to avoid legal exposure, and establish policies and procedures to address bullying….”