Can An Employer Be Sued for Workplace Bullying?
The answer: maybe.
Thanks to a landmark case in Indiana, you may soon start seeing lawsuits that attempt to expand traditional Title VII harassment claims to include workplace bullying.
The Facts
Joseph Doescher, a former employee at St. Francis Hospital in Beech Grove, Indiana, filed a lawsuit accusing his employer of ”workplace bullying.” Specifically, he alleged that Daniel Raess, the hospital’s chief heart surgeon, subjected him to screaming, swearing, threats and other abusive behavior, leading to depression and ultimately forcing him to quit his job.
One incident occurred when Doescher requested time off to attend his uncle’s funeral. Raess allegedly responded by saying: ”You’re not going anywhere. You’re staying here.”
Doescher says his complaints about Raess’ behavior only made Raess angrier and more abusive. Doescher says the bullying continued up until a final confrontation in which Raess lunged and screamed at him and then stormed out of the room, yelling: “You’re finished – you’re history!” Doescher claims that this final incident triggered severe depression that eventually forced him to resign.
In support of his claims, Doescher introduced expert testimony by Gary Namie, Research Director for the Workplace Bullying and Trauma Institute. Namie characterized the confrontation as an “episode of workplace bullying” and Raess as a “workplace abuser.”
The hospital didn’t deny that Raess occasionally yelled at employees. But it claimed that Doescher was equally at fault for the alleged confrontation and that workplace bullying is not a recognized cause of action.
The Ruling
The jury sided with Doescher, awarding him $325,000 in lost wages but denying his demand for punitive damages. The hospital appealed on the grounds that the trial court erred by allowing Namie’s opinions and by refusing to instruct the jury that workplace bullying is not an actionable claim.
The appeals court overturned the verdict. Doescher then appealed to the Indiana Supreme Court. The Supreme Court reversed the court of appeals’ ruling and reinstated the jury verdict in favor of Doescher.
The Lessons
According to a study by Namie’s institute:
- 37% of U.S. employees – an estimated 54 million people — have been bullied at work
- 72% of bullies are bosses
- 45% of bullying victims suffer stress that affects their health, with 33% suffering for more than a year
- 40% of bullying victims never complain and only 3% file lawsuits
- bullying is 4 times more common than unlawful forms of harassment
Given the court’s ruling and the above statistics, it’s more important than ever for employers to take proactive steps to prevent workplace bullying. Whether or not other courts follow the Indiana Supreme Court’s lead, bullying or abusive behavior left unchecked can have significantly negative effects on morale, productivity and retention.
Employer handbooks should include a specific provision on proper workplace conduct and that provision should be consistently enforced. Consider coaching and counseling for those who violate the policy and discipline up to termination for egregious or repeated violations.
