The 6th circuit’s dismissal of this racial harassment claim (Williams v. CSX Transp. Co.) makes it clear once again that uncivil behavior in the workplace is clearly not illegal, though it is thoroughly reprehensible and harmful to its victims and their employers.
HR Advocate puts the behavior described in this case directly in the category of workplace bullying. Bullies are rampant in society as a whole, so why wouldn’t they be prevalent in the workplace? According to a 2010 survey conducted by Zogby International and commissioned by the Workplace Bullying Institute (WBI), half of American adults report that they have been bullied or have witnessed bullying at work. I believe it – have been a victim of it, witnessed it, and hear about it frequently via the HR Advocate Help Desk.
Kara Maciel, an attorney at Epstein Becker Green in Washington D.C., described bullying as mistreatment of a person that is deliberate, hurtful and repeated and that prevents the person from performing their job. A bully is often trying to control or manipulate the person. She went on to say that bullying can be one or all of these 13 actions:
- Slander
- Name calling
- Yelling
- Comments about appearance or lifestyle
- Teasing
- Threats or intimidation
- Unfair criticism
- Ignoring
- Aggression
- Physical assaults
- Unreasonable work assignments
- Menial task assignments
- Gossiping
It appears in the Williams case that the bully employed at least five of the thirteen tactics noted above.
While HR professionals and business owners have an ongoing responsibility to educate their workforce about prohibited harassment, discrimination, workplace safety and many more topics, adding workplace bullying to the list would be time well spent.
Thank you to the Ohio Employer’s Law Blog for first highlighting this case.
How can an HR Advocate help your business avoid this intanglement? Contact the HR Advocate Help Desk for expert guidance.