Workplace bullying is defined as a repeated, severe mistreatment of one or more employees through verbal abuse, offensive conduct, or behavior that may threaten, humiliate, or intimidate individuals or interfere with their work. Although the United States does not have any specific anti-bullying laws to protect employees, there are discrimination and harassment laws, tort claims, and workers’ compensation acts that can provide bullied victims with legal recourse.
Is Harassment the Same Thing as Bullying?
No. Harassment is mistreatment (or suffering an adverse employment action) on account of a “protected characteristic,” as outlined in the Civil Rights Act of 1964 . These characteristics include race, color, religion, sex, and national origin. Discrimination and harassment laws protect employees from being mistreated or suffering an adverse employment action (such as termination or demotion) because they are a member of a protected class of employees.
How Can Employees Seek Relief from Workplace Bullying?
Although workplace bullying laws have not been established in the United States, there are several ways for bullying victims to seek legal recourse. First, a victim should check with their employer’s handbook to see if the company has instituted any internal anti-bullying policies. These policies can vary, with some directly mentioning bullying and others simply requiring mutual respect between employees, but should all be available for bullied employees to use to file an internal complaint.
Second, there are federal, state, and local laws for discrimination and harassment that can be used for some bullying claims. For instance, if a female is being harassed because of her gender, then she may have a valid claim for sexual harassment. Furthermore, if an employee is fired due to his or her complaint about the harassment, he or she can make a retaliation claim, which alleges his or her termination was a direct result of reporting the illegal action.
Third, the intentional infliction of emotional distress (IIED) tort claim allows victims to seek compensation without requiring the two parties have different protected characteristics. One drawback to this claim is that it requires the victims to prove they experienced “severe and outrageous” conduct that led to their emotional distress; however, it is not impossible to prove. Employers can also be subject to legal recourse under this claim if they hired or failed to terminate an employee who harassed others, making the employer liable for negligent hiring.
Finally, workers’ compensation acts allow employees to recover compensation for mental injuries after being victims of “metal stimulus” resulting from work-repeated stress. Again, like the IIED, an employee may have a difficult time making this claim, as they must prove they sustained an injury from their place of employment due to abnormal working conditions.
What is Being Done to Protect Bullied Employees?
Although the United States is the last western democracy without a law forbidding bullying at work, at least 25 states have recently proposed anti-bullying legislation known as the Healthy Workplace Bill (HWB). The HWB was written by Suffolk University Law Professor David Yamada and is currently maintained through an online campaign where individuals are encouraged to sign up and get involved in their prospective states.
According to the campaign for the HWB, “employers react to laws with internal policies.” Therefore, the HWB would give employers policies and procedures that would apply to all employees without restrictions based on “protected characteristics.” This would enable more legitimate bullying claims to be filed. The HWB would provide a definition of an abusive work environment, while giving employers a reason to terminate offenders and providing bullying victims with legal recourse.
There is no federal law in the works that would prevent workplace bullying because “federal laws require governmental enforcement, and hence, government costs,” according to those running the campaign. As written, the HWB does not require states to spend money enforcing it, and negotiations are reportedly underway for a Congressional hearing introducing workplace bullying legislation.
Author Bio:
Gregory F. Coleman is the founder and managing partner of Greg Coleman Law P.C. Mr. Coleman focuses on workers’ compensation and Employee Retirement Income Security Act (ERISA) lawsuits and has experience in both multidistrict litigation and class action lawsuits. He has tried more than 100 cases and has been listed on the National Trial Lawyers Association’s Top 100 Trial Lawyers and the Best Lawyers in America lists. Mr. Coleman is admitted to practice in Tennessee, as well as the United States Supreme Court, the United States Court of Appeals for the Sixth Circuit, and the United States District Courts for the Eastern District of Tennessee.
Originally published on LawyerCentral by Greg Coleman on November 26, 2013 Read the original (Internet Archive).