Should Workplace Bullying Be Illegal?
Every Sunday, I receive the Parade magazine in my newspaper. It typically has some interesting articles or interviews with celebrities. This summer, it had an interesting article on workplace bullying. Parade magazine did an informal poll on their website asking, “should workplace bullying be illegal?” The results:
Should workplace bullying be illegal? Yes = 93% and No = 7%
Bullying is not uncommon, whether it is on the playground, in high school or in the workplace. Workplace bullying can cause low morale, increased employee turnover, and decreased productivity, none of which is a positive contribution to the workplace. There is even an employee-advocate group called Workplace Bullying Institute (WBI). WBI defines workplace bullying as “repeated malicious mistreatment, verbal abuse, or conduct that is threatening, humiliating, or intimidating, or that interferes with work.” Workplace bullying is different from harassment and discrimination which is unlawful under state and federal laws, though there can be overlap. General workplace bullying is not covered by harassment or discrimination laws and instead targets someone without regard to their sex, race, national origin, color, religion, etc. Presently, seventeen states have introduced bills which would allow victims to sue for damages resulting from workplace bullying.
In Minnesota, it is possible for employees to seek recovery for workplace bullying under the common law claim of “intentional infliction of emotional distress.”
So, what should an employer do to prevent or address workplace bullying?
1) Implement a general code of conduct policy.
2) Train employees on what is acceptable workplace behavior.
3) Train supervisors to recognize and address bullying when it occurs.
