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Changing How We Relate to Each Other in the Face of Business

Legal Concerns in Dealing with Bullies

Currently our legal system has few laws in place mandating manners or civility in the workplace (outside the laws of Civil Rights). One of the more visible laws falls under Title VII of the Civil Rights Act of 1964. This has been the preferred avenue in the past for workers seeking relief for discrimination-related unfavorable treatment in the workplace. This Act, among other things, permits relief for protected classes based on a "hostile work environment" theory. A "hostile work environment" means the workplace is permeated with "discriminatory intimidation, ridicule, and insult" so severe or pervasive "that it alter(s) the conditions of the victim's employment and create(s) an abusive working environment." Not always easy to prove.

Employers should be vigilant in making sure that individuals targeted by the bullies do not establish claims against the employer under existing discrimination laws. Federal courts have not yet extended the hostile workplace doctrine to prohibit workplace bullying conduct based on characteristics other than those specifically enumerated in Title VII, but history suggests that there will be an expansion of protection to those who suffer this type of workplace harassment.

It is not always easy to distinguish between workplace bullying and what is considered normal human conflict. A boss being hard on an employee by raising his voice or even being insulting may indicate poor managerial skills, but does not necessarily mean bullying, unless the employee is constantly and unfairly being singled out. A hostile action due to personal conflict between employees does not necessarily constitute bullying, at least not legally. Yet these are areas which can cause duress and need to be resolved if a healthy work environment is to be maintained.
Legal action may be appropriate when there is:
Consistency, where unfair treatment occurs over long periods of time
Escalation of inappropriate behaviors where aggressions increase over time
Malicious intent, where intentional or deliberately humiliation or harm exists.

While each state is different, the law does not protect against "mere insults." The focus for this kind of claim is on the outrageousness of the conduct and the severity of the emotional distress that results. Being fired on the spot and escorted out of the building by security in front of all of your former coworkers is not likely to be enough to constitute serious emotional distress. Racial slurs or intense sexual harassment usually can be handled without legal action

The problem with workplace bullying is that many bullies are hard to identify because they operate under the guise of being civil and cooperative. Although workplace bullying is being discussed more than ever before, and there may eventually be specific legislation outlawing such behaviors. Yet organizations cannot afford to wait for new laws to eradicate the bullies and in order to survive, businesses must root out workplace bullying before they halt production or drive out quality employees

In the meantime, the preferred avenue for workers seeking relief for abusive treatment in the workplace has been the state common law tort claim of intentional infliction of emotional distress. Currently these workplace-related claims can be difficult to win, but it is likely this will eventually change.

Bullies can individually be sued for their conduct. An employer would be liable for the intentional acts of employees it knows have pushed the limits of ethical behavior if it takes no action to terminate those acts or discipline the employee who is committing those bad acts. Punitive damages have been awarded against those who have committed malicious or oppressive acts.

The issue of bullying however should not be addressed as a way to avoid lawsuits. Creating a healthy work environment improves a company's strategic position in today's highly competitive economy. It creates a culture of respect where, performance, communication and innovations can flourish. Bullying robs corporations of their long term competitive edge as it undermines the employees who support the company.

Next: Health Concerns with Bullying

Last Update: July 18, 2011

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