Workplace bullying claims have been on the rise for several years.
As a result, Berchem Moses PC is regularly asked to investigate claims of workplace bullying. Here is what you should know.
When workplace bullying is based on a protected characteristic such as a person’s age, race, sex, religion, etc., it may violate the law.
Employers are responsible for creating a safe workplace.
Additionally, bullying may constitute sexual harassment and, indeed, the two can be intertwined if there is a relationship of a supervisor over a subordinate with its implicit power dynamic.
Elevated Risk
More common is bullying that involves abusive and offensive behavior of a co-worker towards another, and pervasive to the point where it unreasonably interferes with the victim’s ability to perform their job.
Bosses are most frequently in the “bully” role, but anybody can be a bully, and anybody can be a victim.
Both bullies and victims are at an elevated risk to become perpetrators of workplace violence.
Further, bullying can extend outside of the workplace through text messages, phone calls, emails, social media posts, etc.
If bullying is based on a protected characteristic, it may create liability for the employer.
Further, bullies may also create legal liability for themselves or be charged with crimes such as assault, battery, stalking, etc.
Workplace Policies
Employers must make sure to have a clear policy that prohibits bullying and defines the employers’ expectations.
The policy should provide a mechanism for employees to complain and for the employer to follow up with respect to bullying complaints.
Once an employer receives a bullying complaint, it must act immediately to investigate and determine what occurred.
The investigation should be at a minimum:
- Prompt
- Fair
- Impartial
- Thorough
- Treat all parties with dignity and respect
- Kept confidential to the extent possible
- Documented, which could include a written report of findings
If the employer is satisfied that the conduct violated policy, the employer must put an end to the offensive behavior and take appropriate remedial measures.
This could include disciplining the offending employee up to and including the termination of employment.