Think about the following comments (made in a loud voice so everyone can hear):
“Hey fat girl, how much weight did you gain this weekend?”
“Don’t tell me not to point my finger at you!”
“You should have learned this in your first day of nursing school.”
Frequent bullying over a long period of time may harm your sense of well-being and degrade your work, but it’s surprisingly not against the law. Further, employers may react to protect their liability.
Currently, many states have legislation that prohibits school bullying, but no states have passed Healthy Workplace legislation applying to the adult sector. In other words, bullying in your state is most likely legal. It is encouraging that states such as Washington, Massachusetts, California, and others, have adult bullying bills working their way through the slow legislative maze.
You might be able to claim harassment under federal statutes as a member of a protected class based on gender, ethnicity, race, religion, and sexual orientation. For example, a white supervisor bullying a black subordinate may fall into the harassment category, but a white-on-white situation (or black-on-black) is not harassment.
Washington State legislation provides legal recourse for employees who were harmed, psychologically, physically, or economically, by being deliberately subjected to abusive work environments. It also provides legal incentives for employers to prevent and respond to mistreatment of employees at work.
Employer Codes of Conduct framed by respect in the workplace and holding employees accountable if they do not treat others with respect is another element that appears in proposed state legislation.
Massachusetts proposed legislation is titled, An Act addressing workplace bullying, mobbing, and harassment, without regard to protected class status. It makes abusive conduct legally actionable and employers are vicariously liable if they fail to prevent or correct it. In California, pending legislation sets guidelines for workplace Abusive Conduct Training.
Key Takeaway:
Hard to believe, but it’s probably illegal for a 16 year old to bully another kid at school, but it’s legal for the kid’s Dad (or Mom) to torment adults in their workplace. We suggest that you research pending Healthy Workplace legislation in your state and engage with your state legislators. Use the political clout of your professional association to wake up politicians. Become an activist against adult bullying.
Homework:
Yes…we have the audacity to assign homework. Watch the movie, The Devil Wears Prada, where Meryl Streep legally brutalizes Anne Hathaway from beginning to end.
What are your thoughts?
