Stranded airline passengers were mortified when a fellow traveler cut in line and berated a service agent. Two assembly line employees got into a shouting match about their political preferences and almost exchanged blows. Athletes made crude remarks about a teammate who they blamed for a loss. No one did anything to stop them, fearing they would escalate tensions.

The Society for Human Resource Management (SHRM) reports American workers experience an estimated 171 million acts of incivility a day. SHRM uses its Civility Index to measure degrees of civility in the workplace. On a scale of 1 to 100, civility was ranked 42.3 in the first quarter of this year; that score is expected to climb for the remainder of the year.

In a March 2024 survey of 1,611 U.S. employees, SHRM found:

• 66 percent agreed that incivility reduces productivity
• 59 percent agreed that incivility affects employee morale
• 58 percent said they believe American society is uncivil
• 44 percent who experienced incivility said co-workers were involved
• 25 percent said their supervisors are effective at handling incivility

What is Civility?

A civil society is one in which people listen, are respectful, polite and tolerant of opposing viewpoints. Civility creates a safe container for the exchange of ideas and constructive disagreements. On the flipside, incivility is associated with disrespect, rudeness, hostility, sarcasm and intolerance. In some instances, it can cause fear, induce anger or lead to workplace violence.

Incivility in the workplace affects the health and well-being of businesses, co-workers, customers and vendors. On an individual level, research shows that anger and hostility can increase a person’s chance of developing heart disease, insomnia, digestive problems and headaches. In addition to low employee morale and productivity loss, incivility is an underlying cause of formal complaints about hostile work environments, harassment and discrimination.

What About Free Speech?

The First Amendment of the U.S. Constitution protects individuals’ rights to free speech without government interference. States also have provisions in their constitutions that protect these rights. However, the extent of employees’ free speech rights depend on whether they work for a public or private entity, the state in which they work, applicable federal and state statutes and whether they are protected by a union.

Private employers can regulate forms of employee speech as long their policies do not violate Section 7 of the National Labor Relations Act, state or local law, attorneys say. (Section 7 gives employees the right to self-organize, join or assist labor organizations, participate in collective bargaining or decline to participate in such activities). For example, private employers can hold employees accountable for inappropriate speech or behaviors that violate codes of conduct, social media use policies, equal employment opportunity rules and guidelines, and other boundaries relative to the work setting.

Kay Gillespie, WorkCare’s chief human resources officer, recommends the adoption of a comprehensive policy statement that outlines acceptable behaviors (e.g., courtesy, politeness, mutual respect) whether an encounter occurs in person or via digital channels. Such policies include potential disciplinary actions for violations. Training to help employees fulfill workplace civility expectations is advised. Given that a growing number of states are adopting private employee speech protection statutes that specifically relate to political beliefs and activities, she also advises private employers to familiarize themselves with applicable laws in the jurisdictions in which they operate.

Diffusing Tensions

Incivility in the workplace is more likely to occur in situations involving personal conflicts or when tensions are high due to social influences. Here are some tips to help diffuse fear, anger and confusion before it escalates in the workplace:

1. Allow employees to express their feelings in a safe, private place without interrupting them. Paraphrase what you heard and ask for confirmation. When a person feels heard, they tend to calm down.
2. Show empathy, for example, by saying something like “I can imagine how frustrating this must be for you.” You don’t have to agree with what the person is saying.
3. Thank employees for bringing complaints to your attention. Take time to hear all sides of an issue before taking any employment action.

If an employee’s behavior is disruptive or threatening, request support from the human resources department before attempting to have a conversation about observed behaviors. Referral to an employee assistance program, substance abuse or other mental health professional may be appropriate. In some cases, referral to an anger management course may be recommended. Support should also be offered to employees who experience incivility in the workplace in encounters with co-workers, customers or randomly when on duty out in the field.

WorkCare provides resources for employers to protect and promote total employee health and support sound human resources practices. Contact us to learn more.