Sue the Bully?

What does a workplace bully look like? It may be a boss who screams at subordinates, one who writes false evaluations for good employees in order to put their jobs at risk, or one who sets impossible standards.

Recent studies indicate that bullying in the workplace is on the rise. Zogby International’s 2007 study found that 37% of workers had been bullied at some time throughout their career. Furthermore, a recent University of Phoenix study asserts that the recession is to blame: so-called serial bullies have more justification for bullying, and normal managers now have the sense that they need to extract as much output from as few employees as possible – leading to more instances of workplace bullying. Just days ago, the New York Times reported that The Virginia Quarterly Review has suspended publication for a period following the suicide of its Managing Editor. According to press reports, the Managing Editor’s family claims he had been repeatedly bullied by the top editor of the magazine.

While legal protections exist under existing laws for workers who suffer abuse due to their membership in a protected class (race, ethnicity, sex, age, religious persuasion), ordinary workers who undergo malicious treatment from their superiors have no recourse.

Sixteen states are now considering laws to change this. The New York State Senate passed legislation in May, entitled The Healthy Workplace Bill, which would enable workers to sue for physical, psychological, or economic harm due to abusive treatment at work. The New York state assembly will consider the bill next year and, if the bill passes, employees demonstrating they faced a hostile environment due to a workplace bully could win lost wages, medical expenses, compensation for emotional distress, and punitive damages. In order to recover, the employee must prove that the bullying was done with malice and usually that it occurred repeatedly. Companies who investigate in a timely manner and take measures to correct the problem will have access to affirmative defenses.

This legislation no doubt will add a higher regulatory burden and increase (perhaps dramatically) the number of employment lawsuits. We want to know what you think about this. Do you think this kind of legislation is helpful or problematic? Let us know with your comments below.