Proposed laws could send firms to court for ‘abusive’ behavior

By Lisa Broadt, Pittsburgh Business Journal

Thirteen states are considering legislation to fight workplace bullies.

The legislation would prohibit employers from allowing “abusive conduct,” behavior that a reasonable employee would find hostile or offensive, according to law firm Pepper Hamilton LLP.

In a recent survey by Zogby International, 37 percent of employees said that they have been bullied in the workplace and that 72 percent of the perpetrators were employers.

If bullying laws are established, employers could potentially face legal action, says Susan K. Lessack, a partner with Pepper Hamilton’s Labor and Employment Group. “The proposed laws would invite courts and juries to scrutinize the way people treat each other at work.”

One of the difficulties in establishing legislation to curb abusive behavior is determining exactly what constitutes bullying.

“Where is the line between a supervisor being demanding and being abusive?” Lessack asked.

Pepper Hamilton suggests that employers take the following steps to minimize workplace bullying:

- They should have policies in place that make it clear that bullying behaviors will not be tolerated.

- The employee handbook should emphasize that workers must treat each other with respect.

- Employers should encourage employees who feel bullied to report the conduct, much the same as discriminatory harassment complaints are handled.

- Bullying complaints should be treated seriously and investigated. Depending on the results of the investigation, employers should take the appropriate remedial actions, if warranted.