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Office Bully Takes One on the Nose
For years, the law has been stacked against an employee claiming that he or she was abused or bullied by a co-worker. Generally, the law offers no protection to such a victim as long as the alleged bully can show that his or her actions were not motivated by the victim's status as a member of a protected class. Currently, there are no federal, state or local laws providing a cause of action for an individual subject to a non-discriminatory abusive work environment. However, with bullying becoming front-page news across the nation, it is just a matter of time before the law adapts. Since 2003, 17 states have considered legislation designed to protect employees from workplace bullying. Indeed, this year, New York came very close to a floor vote on a bill that would provide a cause of action to an employee subjected to an abusive work environment.
Proponents of anti-bullying legislation contend that it is necessary given the prevalence of abusive conduct in the workplace. The proposed New York legislation noted that “between sixteen and twenty-one percent of employees directly experience health endangering workplace bullying, abuse and harassment” and that “[s]uch behavior is four times more prevalent than sexual harassment.”
Employers, however, should be wary of such legislation. Anti-bullying legislation would allow employees having nothing more than ordinary disputes and personality conflicts with their supervisors and co-workers to threaten their employers with litigation. Surely some of these disputes would end up in court, even though they would not rise to the level of actionable bullying. Moreover, it is hard to conceive how an anti-bullying statute could avoid being vague and overbroad when it comes to defining what sort of behavior is unlawful.
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