The Phenomenon of 'Workplace Bullying' and the Need for Status-Blind Hostile Work Environment Protection

Abstract

Workplace bullying is the repeated, malicious, and health-endangering mistreatment of an employee by one or more other employees. It is common and costly to workers and employers alike. This article examines the legal and public policy implications of workplace bullying under American employment law, concluding that existing protections are inadequate and proposing the rudiments of a statute creating a claim for the intentional infliction of a hostile work environment.

Keywords: Workplace bullying, workplace mobbing, intentional infliction of emotional distress