We’ve become aware of some conflicts between employees and are worried it’s escalating to bullying. What’s the best way to address and prevent this?
Quick Answer
To avoid potential liability for harassment, conduct a prompt and thorough investigation and take any remedial action that is needed. Review your anti-bullying policy to make sure it is up to date and has been properly disseminated to all employees.
Legal Perspective
Phelps Dunbar LLP
Jackson, Mississippi
One in three employees has experienced bullying at work, but only 3% of companies have policies specifically about bullying, says employment law attorney LaToya Merritt of the firm Phelps Dunbar LLP. So it’s important to make an anti-bullying policy.
One thing you’ll definitely want your policy to cover is bullying on social media. Make it clear employees are not permitted to post anything negative about co-workers online. If your employees work with the public, you can add a section about these same terms applying to customers.
Also, make sure you list the protocol for filing bullying complaints against colleagues. For example, an employee could take their complaint to their manager or HR. The manager would take notes on the situation, then have the employee review and sign the complaint. Documentation of bullying incidents is key.
Relevant Case Law
Acosta v. East Penn Manufacturing Co., Inc.
Ching Fang Chang v. Dep’t of Homeland Security
Kpou v. Supervalu, Inc.
HR Insight
Country Club Mortgage
Visalia, California
When issues between employees escalate, it’s best to address things right away, says HR Generalist Sherry Carson.
An investigation should be conducted by speaking with both parties to identify the issues and discuss the facts. They should also be reminded that they have a responsibility to conduct themselves respectfully and professionally.
Employees should be provided with copies of relevant policies, such as Standards of Conduct and anti-bullying policies. They should also be given a verbal warning with clear consequences for any further misconduct. Oftentimes, healthy communication can bring understanding and respect to many issues.
Seattle University
Seattle, Washington
If you investigate and have a finding of bullying, it’s critical that you take decisive action and document, document, document, according to HR Manager Ellen Huelmann.
Employees who bully should be put on a Corrective Action Plan and given really tight guardrails and directives as to what constitutes bullying — and retaliation. The employee should be monitored closely and have frequent check-ins with their direct supervisor. If the problems continue, the employee should be terminated.
United Way of Metropolitan Dallas
Dallas, Texas
Conduct a swift investigation to get the facts, says Candace Barnes, Senior VP of HR.
Get a full understanding of the situation regarding who is involved, the relationships of those involved and how they are impacted. Bullying is a form of harassment and won’t be tolerated at any level.
The Cost of Noncompliance
Construction company pays $1.2M to settle EEOC’s racial harassment lawsuit
Who was involved: Whiting-Turner Contracting Company, which is a construction management and general contracting company headquartered in Baltimore, and Black employees who worked at a construction job site.
What happened: On behalf of a group of Black employees, the EEOC alleged that Whiting-Turner subjected Black employees at a construction job site to a racially hostile work environment. It said Black employees were referred to as “boy,” “m—f—,” and “you.” The agency further alleged that portable toilets and buildings were defaced with racially offensive graffiti and that a noose was displayed in the workplace on Martin Luther King Jr.’s birthday.
Result: To end the suit, the employer agreed to pay $1.2 million to a class of Black former employees. It further agreed to incorporate a strict prohibition against harassment in the future.
Info: Whiting-Turner to pay $1.2 million to settle EEOC racial harassment and retaliation suit, 5/4/23
EEOC: Joint employers pay $1.75M to settle harassment and retaliation claims
Who was involved: Plains Pipeline, L.P., Plains All American GP, LLC, Plains Marketing, L.P. and Copperhead Pipeline and Construction, Inc., which operated as joint employers of oil pipeline workers in New Mexico.
What happened: On behalf of a group of pipeline workers, the EEOC alleged that the joint employers subjected the workers to harassment based on their race, national origin, and/or sex. The agency alleged that a supervisor used derogatory and offensive insults that were based on race or national origin. It further alleged that the supervisor subjected the workers to unwelcome sexual conduct because of their sex. It added that when workers complained about the alleged mistreatment, they were fired in retaliation for doing so.
Result: The joint employers agreed to pay $1.75 million to end the suit. They further agreed to update their discrimination and retaliation policies, post an anti-discrimination notice, and provide training on Title VII harassment and retaliation.
Info: Plains and Copperhead Pipeline Companies Reach Settlement with EEOC for $1.75 Million, 8/8/22.
Company agrees to pay $140K to lab assistant who endured racial slurs
Who was involved: Kaiser Foundation Health Plan of Washington, a Washington health plan, and an African American laboratory assistant.
What happened: The EEOC alleged in a lawsuit that the laboratory assistant endured a co-worker’s use of racial slurs for several months. It said the co-worker continued to use an offensive term even after the laboratory assistant objected, adding that the situation was not remedied after she reported the issue to the company’s compliance hotline.
Result: The employer agreed to pay the employee $140,000 to resolve the suit. It also agreed to hold management and human resources staff accountable for EEO compliance and to provide additional relevant training.
Info: Kaiser to Pay $140,000 to Settle EEOC Racial Harassment Lawsuit, 5/16/23.
Key Takeaways
- Have a policy in place that clearly prohibits workplace bullying.
- Make sure the anti-bullying policy is communicated to all employees.
- If allegations of bullying are reported, conduct a prompt and thorough investigation.
- If it is determined that bullying has occurred, take prompt and effective remedial action.
- Make sure employees know how to file internal complaints of workplace bullying.
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