미국의 직장 내 괴롭힘의 규율 현황과 입법 논의
Workplace bullying issues and the Healthy Workplace Bill in U.S.
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초록
Workplace bullying is a severe and pervasive problem in the United State. U.S. anti-discrimination law requires the organizations treat employees with cares for age, sex, age, and other traits, it is practically difficult to regulate bullying behaviors. In 2004 Prof. Yamada proposed Healthy Workplace Bill to protec temployees from bullying behaviors which are not regulated under the existing statutes and to provide realistic remedies to the victims. Despite the controversial debates over the pros and cons of this Bill, it brought nation-wide awareness of the issue and led enactment in California. Furthermore, synthetic movement has been made with relevent policies and labor unions. This thesis hopefully help for Korean society to recognize practical details in the issues and to proceed relevant enactment.
Abstract
Workplace bullying is a severe and pervasive problem in the United State. U.S. anti-discrimination law requires the organizations treat employees with cares for age, sex, age, and other traits, it is practically difficult to regulate bullying behaviors. In 2004 Prof. Yamada proposed Healthy Workplace Bill to protec temployees from bullying behaviors which are not regulated under the existing statutes and to provide realistic remedies to the victims. Despite the controversial debates over the pros and cons of this Bill, it brought nation-wide awareness of the issue and led enactment in California. Furthermore, synthetic movement has been made with relevent policies and labor unions. This thesis hopefully help for Korean society to recognize practical details in the issues and to proceed relevant enactment.
참고문헌 (13)
- 문강분, "미국의 고용 ADR과 고용차별분쟁해결에의 시사점", 젠더법학, 6(11), pp.73~103 (2015), 한국젠더법학회
- Bergen, C.W.Von, "LEGAL REMEDIES FOR WORKPLACE BULLYING GRABBING THE BULLY BY THE HORNS", Employee Relations Law Journal, 32(3), pp.14~40 (2006)
- Chu, Samantha Jean Cheng, "THE WORKPLACE BULLYING DILEMMA IN CONNECTICUT: CONNECTICUT'S RESPONSE TO THE HEALTHY WORKPLACE BILL", Conn. Pub. Int. L.J, 13, pp.351~393 (2014)
- Gonzlez, Cristina, "WHEN VIOLENCE GOES TO WORK", N.Y. Emp. L. Letter, 17(6), pp.1~ (2010)
- Martin, William Marty, "WHAT LEGAL PROTECTIONS DO VICTIMS OF BULLIES IN THE WORKPLACE HAVE?", J. Workplace Rights, 14(2), pp.143~156 (2009)
- Gary Namie, "The Bully at Work: What You Can Do to Stop the Hurt and Reclaim Your Dignity on the Job 3" (2009)
- Jerry Carbo, "Strengthening the healty workplace act-lessons from title VII and hed litigations and stories of targets' experience", workplace rights, 14(1) (2009)
- Stallworth, Lamont E, "DISCRIMINATION IN THE WORKPLACE: HOW MEDIATION CAN HELP…", APR Disp. Resol. J, 56, pp.35~ (2001)
- Yamada, David C, "THE PHENOMENON OF “WORKPLACE BULLYING” AND THE NEED FOR STATUS-BLIND HOSTILE WORK ENVIRONMENT PROTECTION", Georgetown Law Journal, 88 (2000)
- Yamada, David C, "CRAFTING A LEGISLATIVE RESPONSE TO WORKPLACEBULLYING, Introduction to the Symposium on WorkplaceBullying", Employee Rts. &Emp. Pol'y J, 8, pp.475~ (2004)
- Yamada, David C, "WORKPLACE BULLYING AND AMERICAN EMPLOYMENT LAW: A TEN-YEAR PROGRESS REPORT AND ASSESSMENT", Comp. Lab. L. & Pol'y J, 2, pp.251~277 (2010)
- Yamada, David C, "EMERGING AMERICAN LEGAL RESPONSES TO WORKPLACE BULLYING, Symposium Bullying: Redefining Boundaries, Responsibility, and Harm", Temp. Pol. & Civ. Rts. L. Rev, 22, pp.329~ (2013)
- Yamada, David C., "WORKPLACE BULLYING AND THE LAW: U.S. LEGISLATIVE DEVELOPMENTS 2013-15, the Association of American Law Schools2015 Annual Meeting, Section of the Labor Relations and Employment Law", Employee Rts. & Emp. Pol'y J, 19, pp.49~61 (2015)