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The Office Bully: Are You Liable?
Title VII and similar state statutes penalize employees who harass others based on their status in a protected class. But there are currently no federal or state laws outlawing simple 'bullying.' However, the absence of these statutes does not permit employers to ignore with impunity the 'equal opportunity jerk' in their offices simply because the conduct, while obnoxious, is directed at everyone. In EEOC v. National Education Association ' Alaska ('NEA-Alaska'), 422 F. 2d 840 (9th Cir. 2005), the Ninth Circuit extended Title VII's reach to prohibit a supervisor's unquestionably abusive, but non-gender-related conduct, because the behavior impacted female employees more harshly than their male counterparts. Even before NEA-Alaska, there existed a grassroots movement to outlaw workplace bullying.
Most sensible employers recognize that yelling, screaming and generally abusive behavior is neither an effective nor a preferred management tool. To the contrary, it serves an employer's best interests to have a harmonious work environment because it prevents absenteeism, turn over, low morale and stress-related claims, all of which impact the bottom line. Nevertheless, it seems impractical to hold employers legally accountable for instituting civility in the workplace. Given that many people spend much of their waking hours at work, conflicts and flare-ups inevitably arise. The unfortunate reality is that some managers never outgrow childhood bullying, and their primitive conflict resolution skills stay with them as they move from the sandbox into the conference room. While it may constitute sound business practice to eliminate workplace abuse, such behavior is not susceptible to clear definitions and guidelines, and thus not suitable for government regulation.
The Ninth Circuit's Decision
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