Fighting Back Against Workplace Bullying 

(Published June 17, 2008)

 

According to a study released earlier this year by researchers at the University of Manitoba, the emotional toll of workplace bullying is more severe than that of sexual harassment.  "As sexual harassment becomes less acceptable in society, organizations may be more attuned to helping victims, who may therefore find it easier to cope," said lead author M. Sandy Hershcovis, Ph.D.  "In contrast, non-violent forms of workplace aggression such as incivility and bullying are not illegal, leaving victims to fend for themselves."

 

While bullying that is not based on a protected characteristic is sure to fall through the cracks of anti-harassment laws, a recent Indiana supreme court ruling highlights that there are other legal remedies available to victims.

 

In the case before the court, a surgeon, allegedly angry at an employee for previously filing complaints about his treatment of employees, aggressively and rapidly advanced on the employee with clenched fists, piercing eyes, a beet-red face, and popping veins, and screamed and swore at him.  Believing that the surgeon "was going to smack the s*** out of [him] or do something," the employee backed up against a wall and put up his hands.  The surgeon stopped in his tracks, turned, and stormed past the employee, saying: "You're finished, you're history."

 

Two of the employee's subsequent claims against the surgeon went to trial.  An expert testified that the surgeon's behavior was that of a "workplace abuser" engaging in "an episode of workplace bullying."  In determining whether an assault (claim #1) occurred, it didn't matter that the surgeon did not physically harm the employee; as the Indiana supreme court later noted, "any act of such a nature as to excite an apprehension of battery may constitute assault.  It is an assault to shake a fist under another's nose."  The court upheld a $325,000 jury verdict against the surgeon for assault.

 

Even though a jury found that the surgeon did not engage in intentional infliction of emotional distress (claim #2), the Indiana supreme court held that workplace bullying could be considered a form of emotional distress.  (Raess v. Doescher, IN Sup. Ct., No. 49S02-0710-CV-424, 2008)

 

A Team Effort

The surgeon's employer might not have been on the legal hook for his actions, but chances are good that it was already paying the price in terms of low staff morale and retention rates.  The study reported that bullied employees were more likely to quit their jobs and have higher levels of anxiety and anger than employees who were sexually harassed.

 

To rid the workplace of bullying behaviors, you need to enlist the help of managers and employees.

 

HR's message to managers:

• Watch for warning signs. Is there a high rate of turnover in a particular department?  Are the problems of a department being blamed on a specific person? 
• Separate the target from the bully.
• Gather evidence. Recognize that witnesses might be hesitant to come forward for fear of retaliation by the bully.
• Confront the bully with the consequences of his/her behavior.
• Never downplay an employee's complaint that he/she is being bullied, and avoid forcing the employee to confront the bully alone.

HR's message to employees:

• Use the company's complaint system if you are being bullied.
• If your manager is the bully, bypass the chain of command and file a complaint with HR.
• Realize that you've done nothing to deserve being bullied.
  

Related Topic(s): Discipline & Performance Issues/Violence