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Workplace Bullying Laws and Litigation

By Rosanna Sattler and Laura Otenti
April 02, 2015

In recent years, there has been growing awareness about the serious and sometimes tragic effects of bullying. It is a serious concern on social media, in schools, and at work. Consequently, 26 states have considered adopting laws to address what some have called a “silent epidemic” in the workplace. While no state, or the federal government, has adopted laws explicitly outlawing bullying in the private sector, employers are well advised to proactively take steps to prevent workplace bullying.

In the States

As of Jan. 1, 2015, California requires supervisory employees to receive training about abusive conduct. Tennessee anti-bullying policies for public employers went into effect in March. Other states will likely follow California's and Tennessee's lead by augmenting existing laws or passing new ones to address bullying. Even if there is no specific law about bullying in your state, employers may still be liable under existing hostile workplace, harassment, or discrimination laws. Independent of any legal obligation to do so, employers should endeavor to eliminate bullying in the workplace because of the negative impact it has on business. Bullying leads to exposure to claims and liability, decreased productivity, diminished morale, absenteeism and unwanted turnover of skilled employees.

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