All about Workplace Bullying
Workplace bullying is a pervasive issue in many work environments, including those in Georgia. It may take the form of verbal, physical or non-verbal abuse, such as insults, offensive comments, personal ridicule, name-calling, intimidation, excessive criticism, humiliation, shunning, work sabotage, and other various acts that create a hostile work environment. When an employee feels as if he or she is being bullied, that may lead to an array of physical, emotional and psychological symptoms. Physical ailments may include headaches , gastrointestinal disturbances, and other health issues, while psychological problems can include anxiety, depression – and in extreme cases, suicidal tendencies. While there are no specific laws in Georgia pertaining specifically to workplace bullying, there have been in recent years efforts to establish protections for employees from bullying under the Georgia Healthy Workplace Bill, which currently has failed to pass the Georgia House every year since it was first introduced in 2003.
Laws Pertaining to Workplace Bullying
As of now, there are no federal anti-bullying laws that address workplace bullying expressly. It is a troubling fact that there is no anti-bullying law at the federal level. While the federal government has laws intended to protect employees from harassment and discrimination, these laws, such as Title VII of the Civil Rights Act of 1964, premise liability on protected class status. Therefore, if a worker is bullied or harassed by a co-worker or supervisor, but the bullying or harassment is not based on a protected status, such as race, gender, national origin, religion or age, then there is no federal law protecting that worker from the bullying or harassment itself.
Some states have attempted to fill this gap, though. Thirty-eight states have introduced anti-bullying bills, though none have been passed so far. The State of Utah has a workplace bullying bill pending, as does Georgia. Even though these bills have not been passed into law, however, since 2003, the Georgia workplace bullying law has been considered on six occasions by the Georgia House of Representatives. Each time, it failed to get a vote by the full House. The problem thus far has been a lack of political will to pass the law, given that bullying spans all groups and thus effectively terminates the legal option for workers who have been victims of bullying but could not fit in as a member of a protected class.
States with laws addressing workplace bullying include Tennessee and Washington, where anti-bullying laws apply to state employees and Utah, where the law applies to private employees. As of May, 2018, there were 31 bills concerning workplace bullying pending in 20 different U.S. states, but none passed.
States such as Maryland and Utah have laws relating to bullying in schools, and some work environments, such as health care facilities, have laws governing workplace bullying. Therefore, while there are no federal workplace bullying laws, there are some state laws governing bullying in schools, as well as bullying in healthcare facilities.
What is perhaps most telling about the inability of anti-bullying bills to pass is that in 2014, the Antebellum Equal Dignity in Employment Act was introduced to the Georgia House of Representatives and referred to the House Committee on Labor and Industrial Relations. This bill specifically defined "bullying" as a form of protected class harassment and would have prohibited bullying in the workplace. So, while "bullying" is not included explicitly in civil rights law, that bill would have made bullying in the workplace a cardinal violation of civil rights law. Further, the bill defined "bullying" as a pattern of verbal, non-verbal, or physical behavior (or any combination thereof) including, but not limited to: offensive, belittling, or threatening verbal communications; (b) inappropriate physical contact or assaults; or (c) nonverbal communications that due in regular inconvenient or irregular pattern harm, humiliates, intimidates, or embarrasses one or more employees and creates an abusive legal, hostile, or intimidating work environment.
The Antebellum Equal Dignity in Employment Act suffered the same fate as anti-bullying bills in prior years, however; it was never voted upon by the House.
Legal Protections Under Georgia Law
Georgia does not have any specific legislation that directly addresses workplace bullying. The state does, however, have laws that provide for legal protections for certain individuals which might be applicable to an individual who has been the victim of workplace bullying. Georgia law protects individuals who have filed a complaint of discrimination, harassment or wage and hourly violations from any retaliation from his or her employer. (OCGA § 45-11-4.1) Additionally, Georgia law prohibits harassment based on a belief that one ethnic group is superior to another. (O.G.C.A. § 16-11-90.) If an employer threatens to retaliate against an employee or if an employer actually does retaliate against a complainant or an employee who has been the subject of workplace violence, that reaction would be a violation of Georgia law. Employees have additional rights with respect to workplace bullying under the Georgia S.A.V.A.N.T. Act which specifically provides that State employees have the right to report acts of workplace bullying without retaliation. (O.C.G.A. § 45-1-4.2) In addition, the Georgia Whistleblower Act prohibits an employer from imposing a penalty or discharging or demoting an employee in retaliation for reporting perceived wrongdoing which the employee reasonably believes may result in the use of public funds or property for a purpose or in a manner not authorized by law. (O.C.G.A. § 45-1-4.) This prohibition would also apply to workplace bullying and harassment situations.
What Employers Can Do About Workplace Bullying
Proactive measures are the best way for employers to address and prevent the issues of bullying and harassment. Writing and implementing an anti-bullying policy is a good first step. It is important that an attorney drafts this policy with state and federal law in mind. The policy should clearly define what constitutes bullying and harassment. Then, savvy employers go above and beyond. They carefully develop and implement a training program that educates all employees on the negative effects of bullying and harassment, how to prevent it, and how to file complaints. Training should extend beyond the usual "sexual harassment" prevention trainings, as not all bullying constitutes illegal harassment. Ideally, employers will include bullying and harassment trainings in the annual performance evaluation process. Employers should have a grievance process for workers to report incidents of bullying, as well as incident reporting requirements for supervisors. Documentation of the incident and the investigation process should be kept highly confidential, and employees should be protected against any retaliation for reporting or participating in an investigation. It is critical for employers to quickly, yet thoroughly, investigate allegations of bullying and harassment. Consistent, prompt, and confidential investigations will go a long way toward demonstrating diligence and care in preventing hostile work environments. Importantly, employers need to avoid creating an environment that appears to encourage or protect bullying and harassment. This includes eliminating supervisor favoritism based on personal relationships and closely monitoring supervisory behavior. Benefits should not be conferred or threatened based on employee allegiance to supervisors or managers. Given the prevalence of workplace bullying, employers should avoid impulsively terminating a worker for bad behavior or poor performance after making little to no effort to correct the offending behaviors. An effort must be made to correct behavior, which includes properly warning the employee that the conduct is unacceptable.
How to Report and Get Help For Workplace Bullying
In Georgia, although workplace bullying is not specifically addressed by law, there are various avenues that employees can pursue to report and seek help for workplace bullying incidents. The process begins with careful documentation of the incidents, including dates, times, witnesses, and descriptions of the behavior. This documentation is vital as evidence of the bullying and can be utilized in any formal complaints or reports made by the targeted employee.
The first step in resolving workplace bullying is often to confront the bully directly. The direct approach should be constructive and come from an empowered place, adopting a positive tone without accusations. If the direct approach fails or if the bullying behavior continues, the targeted employee may choose to escalate the matter within their organization.
For bullying incidents that occur in government offices, employees should contact the Equal Employment Opportunity Commission (EEOC) or their state’s human rights agency after documenting the details properly. On the other hand, if the bullying has a sexual nature, the employee should first contact their employer’s Human Resources department and may involve the Equal Employment Opportunity Commission (EEOC) thereafter.
If the bully is a supervisor or manager, the targeted employee should make an internal complaint to the employer by formally notifying the Human Resources department. Once the issue is brought to the employer’s attention, they will have a legal obligation to investigate the matter promptly and fairly. Federal and state employment law prohibits employers from retaliating against employees who make internal complaints pertaining to workplace bullying .
While no specific government agency in Georgia is tasked with handling workplace bullying complaints, there are several resources and organizations that provide assistance and information to individuals affected by workplace bullying. The Workplace Bullying Institute (WBI) is a non-profit organization that offers resources for those affected by workplace bullying, including ways to contact their helpline where trained volunteers offer advice to call owners.
Citizens for Justice is a nonprofit organization that offers a platform for employees who are victims of workplace bullying to post details of their story anonymously. This public forum helps raise awareness of workplace bullying.
Additionally, some local municipalities and private entities have enacted policies or support groups that specifically address workplace bullying. Employees may consult with these different resources in their area to get involved with others affected by workplace bullying and find the best way to report their own experiences.
Importantly, when seeking help for workplace bullying, employees generally should not turn to the police or law enforcement officials, except in the most extreme cases of workplace abuse equivalent to a criminal offense. Further, in any legal proceedings, the law may require a whole variety of procedural steps and take considerable time to resolve claims based upon evidence of workplace bullying. Employees should therefore consult with a qualified employment attorney experienced in dealing with workplace bullying prior to taking any legal action.
Cases and Precedents
Cases That Have Informed Workplace Bullying Laws in Georgia
While state and federal laws do not have a "bullying" provision, there are relevant cases to examine. Georgia courts do not recognize a general tort of bullying or a cause of action for bullying. See Oceanside Community Assoc., Inc. v. Seltzer, (2001) 302 Ga.App. 430, citing Busbee v. Atlanta Enter. Center, Inc., 219 Ga.App. 167, 169 (466 SE2d 194) (1995). See also Aiken v. Bloodworth, 261 Ga.App. 295, 296 (582 SE2d 470) (2003) (statistics on workplace incidents of violence do not apply to the employer’s liability for the actions of one employee). However, in the absence of a general tort of bullying, some courts have considered comparable allegations under other legal theories. Harassment and Hostile Work Environment: Under the Fair Employment Practices Act, an employer unlawfully discriminates against its employees (or applicants for employment) when it either fails to hire/work with the employee, or discriminates against employees with respect to their compensation, terms, conditions, or privileges of employment because of the employee’s protected status (race, color, religion, national origin, sex, age disability, or pregnancy). See O.C.G.A. § 45-19-20 et seq. In Georgia, other than harassment based on race, color, religion, national origin, sex, age disability, or pregnancy (which are addressed by the Fair Employment Practices Act), an employee cannot use the civil courts to address workplace bullying. Intentional Infliction of Emotional Distress: To establish a claim for intentional infliction of emotional distress (IIED) in Georgia, "[i]t must be shown that: ‘(1) the defendant’s conduct was extreme and outrageous; (2) the defendant’s conduct caused emotional distress; and (3) the emotional distress was severe.’ Bennett v. Medical Center of Central Georgia, 276 Ga. 1, 2 (1) (572 SE2d 765) (2002). Furthermore, the conduct complained of must ‘arise to the level of a "specifically defined tort" and not just arise to the level of a "general tort."’ Magadia v. Snap-on Tools Corp., 239 Ga.App. 823, 824 (522 SE2d 347) (1999)." Nix v. B. H. Media, Inc., 299 Ga.App. 332, 334 (681 SE2d 168) (2009). Slander: The intentional tort of slander requires that the tortious act adversely affects the complaining party with a false statement that injures that person’s character or reputation. Slander occurs when the alleged defamatory statement is heard by a third party. defamatory statements must be false statements. See O.C.G.A. 105-10-3. There must be publication (of a false allegation) to a third person. See Tekle v. U.S. Bancorp Equipment Fin., 276 Ga.App. 866, 867 (624 SE2d 47) (2005). Negligent Retention & Supervision: The tort of negligent supervision allows a plaintiff to hold an employer vicariously liable "when the employer (1) undertakes the duty of supervision; (2) fails to exercise proper supervision . . . and (3) such failure results in injury to third parties." Curro v. Castro, 208 Ga.App. 350 (430 SE2d 606) (1993).
Conclusion: Safer Work Environments
Recognizing the pernicious and persistent nature of workplace bullying is the first step in putting an end to it. The next step is even more vital: doing everything possible to prevent it from happening in the first place, and addressing it properly when it does.
A bystander to workplace bullying can have a huge impact on an ongoing situation. Most often, bystanders look the other way, for fear of further upsetting the workplace dynamics or even jeopardizing their own jobs. In order to minimize the risk of becoming a victim themselves, each of your employees should be made aware of the negative impact bullying has on your entire organization. With the full understanding of how bullying can sabotage the productivity of your organization, your entire staff can become the "watchful eye," making certain no one is ever bullied at work again .
State and federal employment discrimination laws have long addressed prohibited conduct that can be seen as harmful and demeaning such as intentional insults, ridicule, unlawful threats, teasing, badgering, shunning, intimidation and sabotage. Federal and state agencies have now further narrowed the definition to include workplace bullying. It is important that all employees understand that the consequences of bullying include not only emotional damage, but also harm to the organization as a whole.
There are clear signs of workplace bullying and a carefully crafted anti-bullying policy can help you identify these behaviors and make it clear where the line is drawn. Although there is no Georgia law that directly prohibits workplace bullying, it’s time to act. It is imperative that employers move toward a safer workplace with stronger anti-workplace bullying policies.