Courts take aim at workplace bullies
May 13, 2008 by Sam NarisiPosted in: Best Practices, Harassment, Special Report, Training
A court recently fined one company $325,000. Why? For having an extreme jerk in the office.
The so-called “workplace bullying” case passed through several courts before the Indiana Supreme Court upheld the jury award last month. Here’s what happened:
An employee claimed he was severely harassed by a supervisor. In the most extreme instance, the supervisor allegedly advanced toward him, yelling and swearing, “with clenched fists, piercing eyes, beet-red face and popping veins.”
He sued for assault and won $325k. (Cite: Raess v. Doescher).
Against the law?
In other cases where the bullying was less severe, companies have come out on top.
Why? Because bullying isn’t against the law, unless its related to someone’s race, sex, age or disability (or it’s threatening enough to be considered assault, like in the case above). As long as you treat everyone like crap, it’s perfectly legal — but maybe not for long.
So far, anti-bullying bills have been introduced into 13 state legislatures, and some groups are pushing for a federal law. None have passed yet, but it’s a scary possibility for employers.
For example, a bill in New Jersey was shot down last year but will likely be introduced again. With its broadly defined definition of bullying, it would allow companies to be sued for:
- “Repeated infliction of verbal abuse such as the use of derogatory remarks, insults and epithets”
- “Verbal or physical conduct that a reasonable person would find threatening, intimidating or humiliating,” and
- “Gratuitous sabotage or undermining of a person’s work performance.”
Policies and training
What should HR do? Even though companies can’t get sued for bullying at this point, it still causes damage in the form of turnover, lost productivity, absenteeism, etc.
That’s why a lot of companies are updating their policies on appropriate leadership and making sure supervisors are trained on the issue. Some things to look out for:
- insulting or offensive language
- making frequent jokes at someone’s expense, and
- behavior that humiliates or intimidates.
Most importantly, managers need to understand that the old hard-nosed style doesn’t cut it with today’s workforce. The possibility of getting sued is just an added reason to be careful.
Tags: bullying, humiliation, intimidation, jerks, managers, pending legislation, State Law
May 14th, 2008 at 4:08 pm
I have heard of a case where the HR Manager is somewhat of a bully and belittles those beneath her. What do you do in that case??
May 14th, 2008 at 5:10 pm
It is about time that there is some level of protection against these managers who are bullies. It is expected that everyone should be treated in a fair and professional manner. Embarassing, intimidating or retaliating against an employee is unnecessary if you are a manager who is worth anything.
May 14th, 2008 at 5:14 pm
Excellent point, Helen.
That’s one example of why companies should establish complaint procedures with multiple points of contact. Normally complaints are brought to HR, but in cases like the one you mentioned, that’s obviously not an effective route. I’d imagine a complaint like that can be effectively handled by an upper-level manager or VP that’s above or level with the HR manager in the hierarchy.
Sam Narisi
Editor
HRLegalNews.com
May 14th, 2008 at 5:18 pm
I would suggest putting your concerns to her in writing. This tact usually gets everyone’s attention because your complaint/concerns are now documented and should lessen her threat of retaliation. It has worked with a couple of managers that I am aware of. You have to know your audience - but remember everyone has a boss/supervisor. That is another route to consider.
Has anyone tried talking to her?
May 14th, 2008 at 8:23 pm
What people are missing is that many times bullying conduct is a violation of existing rules. We have rules regarding discourteous, harassing or intimidating conduct. If you have such a rule, bullying is already addressed and just needs to be enforced. If you don’t have such a rule, now is the time.
May 15th, 2008 at 11:50 am
I actually work for a bully - who is the head of our district. Only person higher to talk to is one of the Board of Directors. Which I am not allowed to speak to without the “bully” present. This guy drives me nuts - door slamming, snappy comments and just a plain pain in the neck. I have found out that all the past HR/Dist Secty’s left because of this person. I’m holding out because I think he is going to retire in the next year or so. If anyone has any suggestions on how to keep my sanity with this guy?
May 17th, 2008 at 8:00 am
MRS B-GO TO GOOGLE AND CHECK INTO BULLY AT THE WORKPLACE–I HAVE REFERRED TO IT NUMEROUS TIMES.
May 27th, 2008 at 11:52 am
Why does this not constitute a hostile work environment?
July 2nd, 2008 at 10:54 am
I am HR Director, my boss is the owner of the company and HE is the bully. So I sue my boss and lose my job?
October 22nd, 2008 at 12:42 pm
I have a friend in a another department who has been bullyed for years by our director and I personally have seen him harrass the more meaker workers within our facility. He is abrupt and demeaning to many. Well, this person has repeatedly gone to her supervisor and reported the matter with no results whatsoever. Currently, she has put it in writting and addressed the complaint directly to the company President and I supported her with my own seven page account of my witnessed events and out bursts, hoping to make a difference. Supposedly there was an investigation and recently the President of the company came to me and let me know the action they are taking is nothing. Basically, the two other supervisors that work along with him (a lot) are to watch his behavior, correct him at the time and report it to the President. That’s it and nothing else will happen to him. I now feel as though I ruined my excellent work record and reputation with the company for nothing. She has yet to hear form the President or anyone on what is being done. They continue to come to me and do not speak to her. Why is this? I feel I’m a supporter of her complaint.
Is there anything they really should have done that they didn’t and what can we as employees do to get accross that change is needed for this company?
November 19th, 2008 at 11:30 am
I work for a company that has established a Global Ethics policy, that has been rated as one of the Top Five best in the world according to Forbes magazine…however, the people that actually work here know it is just a show. If you make a complaint about management bullying you, their typical response to you is you either mis-understood what was said or you were at fault for something completely unrelated to your complaint. They basically do nothing, and they say there is no retaliation, but everyone I know in my company who has ever submitted a complaint against anyone, has been retaliated against in some way, shape or form.
I hope they do make the laws stronger and that more people get up the nerve to sue. The policies we have in place here are great and could do a world of good, if the company would actually follow through with them. If a company decides to sweep it under the rug, then they deserve to be sued by the masses.
November 21st, 2008 at 11:18 am
Sometimes bullying may be a function of frustration, or the inability to handle changes in ones own life, so there is the need to take this out on someone else rather than looking within and dealing with your own personal stress. Sometimes companies may be better off addressing the bully by insisting on counseling for them and having some empathy for them. I have seen very good bosses end up as bullies later in life, due to medical and psychological reasons that they will deny for years before seeking help. It seems most of the comments I have read deal with how the employee might handle this, not how the HR department can correct the real problem, the bully.
December 4th, 2008 at 4:00 pm
I AM A REGIONAL MGR ONE SHOP IN MY REGION WAS SEVERERLY UNDER PERFORMING I WAS SENT IN BY THE BOARD OF DIRECTORS TO GET IT AND THE MANAGER IN LINE THE MGR HATEDED ME AND TOLD PEOPLE HE DID IN THER HIRING OFFICE GIRLS TO WATCH THE OFFICE AND MAKE SURE WE HAVE PROPER PRECEDURES AND PAY BILLS ETC… THIS MGR QUIT THEN TURNED AROUND AND SUED THE CORP. AND OUT OF SPITE NAMED ME IN THE LAWSUIT ALSO FOR HARRASSING HIM NOW THE OFFICE GIRLS WENT BAD WHILE HE WAS STILL THERE BECAUSE THE WERE ALLOWED TO BE LATE AND WHEN I FOUND OUT ABOUT THAT I TOLD OFFICE GIRLS IF THEY CONTINUED I WOULD LET THEM GO THEY QUIT NO NOTICE A FEW WEEKS AFTER THAT THIS MGR SAYS HE HAS 2 WITTNESS THAT SAYS I WAS HARRASIG HIM THIS IS THE OFFICE GIRLS AND OF COURSE THEY WILL SIDE WITH THE MGR HOW CAN YOU PROTECT YOUR SELF FROM THIS AND I HAVE DOZEN WITTNESS THAT SAY I NEVER DID THAT DOES HE HAVE GROUNDS FOR A LAWSUIT?