Workplace Bullying: Beyond Harassment and Discrimination, Prevention, Defense of Claims

Bullying in the workplace is a common and harmful phenomenon. One source reports that nearly 20% of employees experience bullying, 61% are aware of bullying behavior, and 61% of those engaged in bullying behavior are in supervisory positions. Courts are crafting remedies for these actions, and there is an active push for legislation addressing the issue.

Counsel can play an active role in minimizing bullying in the workplace by designing programs to prevent, identify and end bullying behaviors in the workplace. These programs will not only impact corporate exposure, but they should make for a better and more stable workplace--65% of bullying targets change jobs.

Courtroom efforts to combat bullying are growing. Some courts use the vehicle of intentional infliction of emotional distress, while others have proceeded on public policy grounds. Recent opinions dealing with expert testimony and psychological examinations are creating a procedural context for these claims.

Listen as our panel explores the manifestations of bullying through various workplace behaviors, including insults, exclusion and other inappropriate pressures. The panel will put these behaviors into the legal context and explain policy and litigation.

1. Bullying behavior
   1. Identification
   2. Prevelance
2. Employer policy
   1. Prevention
   2. Addressing bullying
3. Law
   1. Claims
      1. Intentional infliction of emotional distress
      2. Other common law claims
   2. Legistlative efforts
   3. Procedural issues

The panel will review these and other important matters:

• Recognizing inappropriate workplace behavior
• Crafting of policies and action plans designed to mimize bullying
• Exploring substantive and procedural litigation trends