The Office Bully: Are You Liable?

Title VII and similar state statutes penalize employees who harass others based on their status in a protected class. But there are currently no federal or state laws outlawing simple 'bullying.' However, the absence of these statutes does not permit employers to ignore with impunity the 'equal opportunity jerk' in their offices simply because the conduct, while obnoxious, is directed at everyone. In <i>EEOC v. National Education Association ' Alaska ('NEA-Alaska')</i>, 422 F. 2d 840 (9th Cir. 2005), the Ninth Circuit extended Title VII's reach to prohibit a supervisor's unquestionably abusive, but non-gender-related conduct, because the behavior impacted female employees more harshly than their male counterparts. Even before this case, there existed a grassroots movement to outlaw workplace bullying.

11 minute read May 29, 2007 at 12:46 AM

By

Stacey McKee Knight And Jeremy J.f. Gray