Bullying: A New Look at Workplace Violence

Robert F. Conte, Esq.

Employers are beginning to take steps to make bullying as unthinkable as sexual harassment, drunkenness or other inappropriate forms of workplace behavior. It was recently noted that "bullying in the workplace can lead to stress-related illnesses, absenteeism among staff and increased turnover". A study in England also attributed high blood pressure, depression, high cholesterol and even suicide to this type of abuse at work.

The subject of workplace bullying has also been addressed by the "Workplace Bullying and Trauma Institute" (yes, there is such a place) in Bellingham, Washington. The Institute has referred to bullying as the "repeated mistreatment of one employee targeted by one or more employees with a malicious mix of humiliation, intimidation and sabotage of performance."

The Institute also defined workplace bullying as "repeated, hurtful interpersonal mistreatment of a person by a cruel perpetrator." This form of harassment may be more prevalent than other forms of destructive behavior such as sexual or racial harassment.

Here are some noteworthy points on the subject of bullying:

• Half of all bullies are women;
• Most targets are women;
• A vast majority of bullies are bosses.

While the Federal Employment Laws address discrimination by employers, Title VII does not deal with co-workers torts. Although the Supreme Court in Faragher and Ellerth stated that sexual harassment cases also included all forms of harassment, the Seventh Circuit in Schafer v. Kal Kan Foods, Inc. clearly distinguished sexual horseplay from sexual discrimination. The Court stated "Title VII only covers discriminatory conduct which is 'severe or pervasive' or creates an objectively hostile or abusive working environment …"

Stay tuned, there is more. A Marion Superior Court (Indianapolis) addressed a workplace bullying tort case. In Doerscher v. Raess, which is currently on appeal to the Indiana Court of Appeals, the trial court held that a confrontation at work involving a civil assault and intentional infliction of emotion distress is actionable. Of equal importance is the fact that juries appear very willing to award sizeable damages in these cases.

Employers must be "on guard" to protect themselves from all forms of risk and liability. Establishing policies that prohibit workplace bullying by monitoring employee behavior is highly recommended. Also recommended is prompt action by the employer to correct and discipline employees for any form of inappropriate workplace conduct.

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