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| Anti-Bullying laws on the horizon? |
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| 4/26/2007 |
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ROBIN'S PERSPECTIVE: I’ve had a real run of cases recently where clients are experiencing serious emotional abuse from their bosses, and are seeking our guidance on what to do to help them keep their jobs – and keep from lashing out at their tormentors. Under current federal and state laws, abused employees don’t have a cause of action for bullying; they are generally only allowed to sue if they can claim some violation of the law, some civil wrong (assault, battery, defamation, etc.), or some type of illegal discrimination (race, sex, religion, color, national origin, disability or age discrimination). Will there ever be any good news in the area of workplace bulling that seems to affect so many? Here’s an update:
In my 11/14/06 remark, I reported on a landmark workplace bullying victory for a plaintiff in Indiana who was awarded $325,000 by a jury after his surgeon boss had repeatedly verbally and physically threatened him. That case has since been reversed on appeal – with the appeals court saying that referring to the boss as a bully was misleading to the jury, and that the evidence was not sufficient. Doescher v. Raess, 858 N.E.2d 119 (Ind. Ct. App. 2006).
But for the good news: Legislatures across the country are starting to give some serious consideration to this workplace issue, with at least 11 states now considering some type of law to give victims of workplace bullies the right to sue their employers. States pondering this possibility include Connecticut, Hawaii, Kansas, Massachusetts, Missouri, Montana, New Jersey, New York, Oklahoma, Oregon and Washington.
Should workplace bullying be illegal? Let us – and your legislators – know what you think!
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