ARTICLE
18 April 2016

Screening For Psychopaths – Managing The Front End Of Workplace Bullying

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Seyfarth Shaw LLP

Contributor

With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
When it comes to managing bullying in the workplace, the focus tends to be on dealing with the bullying behaviour after it has occurred or at least after the bully has started work.
Australia Employment and HR
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When it comes to managing bullying in the workplace, the focus tends to be on dealing with the bullying behaviour after it has occurred or at least after the bully has started work. But are there ways to stop bullies from being recruited in the first place?

One place to start is screening during recruitment. There are certain personalities who deliberately inflict harm or lack the ability to understand the harm they are doing to others. These personalities fall within a category that psychologists call the 'Dark Triad' which comprises three sub-personalities: Machiavellianism, sub-clinical narcissism and sub-clinical psychopathy.

The Dark Triad share a number of overlapping features including social malevolence, callousness, aggression, manipulative behaviour, duplicity, a lack of empathy and a tendency towards self-promotion. Studies have shown a strong correlation between psychopathy and bullying behavior and these studies have indicated that psychopaths are fairly well-represented in leadership positions.

Psychometric testing is commonly used by companies at the recruitment stage to ensure a certain level of cognitive function and aptitude amongst potential employees. Some companies use behavioural interview questions too. But do they use psychological assessment tools in order to weed out the Dark Triad traits that lead to bullying?

There are various assessment tools that have been developed in studies aimed at identifying both bullies and Dark Triad traits. They range from basic questionnaires to more sophisticated tools that require administration by a qualified clinician under scientifically controlled conditions. Access to these can be costly, but when you consider the collateral damage that can occur from a psychopath in the workplace, who then ascends to management, and causes harm to other employees and the business, it might be worth the investment.

The corollary to this is, if these personality traits are viewed as a disorder or mental illness, rather than a defect of character, would it be discrimination under the Disability Discrimination Act 1992 (Cth) (Act) to actively try to eliminate this group from the workplace?

The definition of 'disability' in the Act includes "a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgement or that results in disturbed behavior".

But even if psychopathy is a disability, all employees must be able to perform the inherent requirements of the job. To the extent that a psychopath is unable to do so they will fall within the section 21A exception of the Act and it would not be discrimination to refuse to hire them on that basis.

Isn't it an inherent requirement of all jobs to be able to work without bullying and harassing your colleagues? An untreated psychopath by their very nature cannot work in a team effectively without harming others and ultimately causing reputational damage to a business. Should companies be investing in more sophisticated psychological assessment tools to screen Dark Triad traits and bullies form the workplace?

We would be interested to hear your thoughts.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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ARTICLE
18 April 2016

Screening For Psychopaths – Managing The Front End Of Workplace Bullying

Australia Employment and HR

Contributor

With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
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