As discussed the the ABA Journal Weekly Newsletter, a Tennessee case demonstrates that the answer to this question is no, unless the bullying is tied to a protected class. So, if the bullying is based, let’s say, on race, sex, national origin, religion, age, or disability, then it would constitute unlawful harassment. But bullying that’s just bullying isn’t unlawful.
But–several state legislatures are considering bills that would make ordinary bullying unlawful. At first blush, we might say that’s a good development as long as this legislation targets terrible stuff. And therein lies the problem. Defining what terrible stuff means is a challenge, and it will take numerous court cases to flesh out whatever various definitions different state legislatures come up with.
If this legislation passes in various states, you can imagine the amount of litigation it will generate. Keep a close watch on what your state does. If you do business in several states, keep a close watch on all of them.
2 responses so far ↓
1 BlawgIT - Internet Patent, Trademark and Copyright Issues with Attorney Brett J. Trout, P.C. // Feb 24, 2008 at 9:57 pm
[…] to The Word on Employment Law with John Phillips, bullying in the workplace is not against the law. Well, that is unless the bullying is tied to race, sex, national origin, […]
2 John Phillips // Feb 25, 2008 at 8:53 am
Thanks for the mention. I noticed that right above your reference to this post, you had the YouTube clip of the UF student being tasered at the Kerry speech a few years ago. Just to be clear, if a supervisor or employee tasered a co-worker while at work (and, let’s say, the co-worker isn’t in one of the protected classes), the perpetrator and the employer would not be guilty of discrimination or harassment. They would also not be guilty of bullying, since there’s no law against bullying. They could very well be guilty of assault and battery, however. Thanks again.
Leave a Comment