The following article was provided by Berchem Moses PC. It is posted here with permission.
Workplace bullying claims have been on the rise for several years.
As a result, Berchem Moses PC is regularly asked to investigate claims of workplace bullying. Here is what you should know.
When workplace bullying is based on a protected characteristic such as a person’s age, race, sex, religion, etc., it may violate the law.
Employers are responsible for creating a safe workplace.
Additionally, bullying may constitute sexual harassment and, indeed, the two can be intertwined if there is a relationship of a supervisor over a subordinate with its implicit power dynamic.
More common is bullying that involves abusive and offensive behavior of a co-worker towards another, and pervasive to the point where it unreasonably interferes with the victim’s ability to perform their job.
Bosses are most frequently in the “bully” role, but anybody can be a bully, and anybody can be a victim.
Both bullies and victims are at an elevated risk to become perpetrators of workplace violence.
Further, bullying can extend outside of the workplace through text messages, phone calls, emails, social media posts, etc.
If bullying is based on a protected characteristic, it may create liability for the employer.
Further, bullies may also create legal liability for themselves or be charged with crimes such as assault, battery, stalking, etc.
Employers must make sure to have a...
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