In my previous post, I set out the basic premises behind Judith Herman’s new examination of psychological trauma, Truth and Repair: How Trauma Survivors Envision Justice (2023). In her welcomed volume, Dr. Herman’s focus is on a final stage of recovering from trauma, that of justice, reasoning that “(i)f trauma is truly a social problem, and indeed it is, then recovery cannot be simply a private, individual matter.”

I’d now like to apply Herman’s core precepts to targets of workplace bullying, mobbing, and related mistreatment whose experiences have been deeply traumatizing, including physical and psychological health impairments and costly impacts on careers and livelihoods. In other words, how might those whose lives have been so negatively upended by targeted work abuse regard the concepts of justice and healing?

Applying the elements of justice and healing to workplace bullying

Dr. Herman identifies acknowledgment, apology, and accountability as the key elements of justice. She identifies restitution, rehabilitation (of the offender), and prevention as the key elements of healing.

Let’s look at Herman’s elements of justice first. For targets of workplace bullying, we immediately see the problem. Most instances of severe bullying do not result in acknowledgment, apology, and/or accountability. The most common “resolution” of a targeted campaign of bullying is that the target either resigns or is terminated.

Next, let’s look at Herman’s elements of healing. Again, the problem is obvious. Most targets of severe bullying do not receive restitution. The offenders often continue in their ways; rehabilitation usually doesn’t enter the picture. And all too few employers learn from bullying within their organizations and resolve to engage in preventive measures.

A big missing piece in the U.S.: Legal reform

For her book, Dr. Herman interviewed “twenty-six women and four men who are survivors of childhood sexual abuse, sexual assault, sex trafficking, sexual harassment, and/or domestic violence.” This interview cohort may yield some insights into applying her elements of justice and healing to workplace bullying targets. In each form of interpersonal abuse experienced by her interview subjects, civil and/or legal protections already exist. Granted, the effectiveness of these legal protections may be very uneven. But at least there are laws on the books, and sometimes they work.

By sharp contrast, workplace bullying is largely legal in the United States. Simply put, few targets of severe workplace bullying in the U.S. have a clear path toward harnessing the justice system to obtain relief in the form of acknowledgment, apology, accountability, restitution, offender rehabilitation, or employer prevention.

Herman found that most of her interviewees “seemed remarkably uninterested in punishment.” I cannot say the same thing for many targets of workplace bullying whom I’ve interviewed over the years. A good number of targets feel like their tormenters got away with something awful, because, frankly, that’s what happened. The anger can be palpable. While the intensity of these feelings may subside over time, and with it the desire for punishment, oftentimes the triggering factor is the absence of any semblance justice. Furthermore, much of the healing is self-generated. And in toxic workplaces, the bullying tends to go on and on.

As many readers of this blog know, I am the author of workplace anti-bullying legislation called the Healthy Workplace Bill (HWB). I’m part of a group of advocates from across the nation (go here for the national HWB campaign page) who have been urging elected officials to enact it. While enacting the HWB will not be a panacea, at least it will help to push open doors towards justice and healing that are often closed. Without legal incentives to take bullying at work seriously, too many employers dismiss reports of bullying, side with the aggressor, and allow this costly and destructive form of mistreatment to continue unabated.

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Those here in Massachusetts who wish to become involved in advocacy efforts supporting the HWB may contact me directly at dyamada@suffolk.edu. Although we are not equipped to do legal or psychological advising concerning individual instances of workplace bullying, those in search of guidance or assistance may find helpful the “Need Help?” page of this blog by clicking here.

In my final look at Dr. Herman’s book (for now, at least!), I’ll be applying her precepts to the interdisciplinary field of therapeutic jurisprudence.