Workplace Bullying: Review of U.S. Federal Court Cases

Abstract

Workplace bullying” goes beyond ordinary disagreements at work, even those that are heated exchanges with raised voices. It typically manifests itself as malicious, intentional, repeated, abusive behaviors which harm the bullied employee. Among the potential consequences to employees are job loss and severe health problems, while some negative effects experienced by employers can be increased absenteeism, turnover, and costs. Currently, there is no specific federal cause of action in the United States aimed at preventing such abuse. Researchers previously analyzed U.S. federal court cases to determine how workplace bullying is being treated by the courts. In order to contribute to this research and bring it more up to date, this study focused on federal court cases reported during the time period of November 2014, through December 2021. Westlaw, a comprehensive legal database, was used to collect cases referencing workplace bullying and which were reported during the time period under study. Content analysis was employed to analyze the data. Conclusions reached include workplace bullying is a continuing and widespread federal court issue, a significant percentage of plaintiffs represent themselves, the difficulty of the alleged injured party to prevail, and some employers are addressing the issue through the use of organizational policies. Study implications include employers should recognize the potential negative consequences of bullying in their workplaces and take steps to prevent it. Developments in both federal and state laws related to workplace bullying, as well as how courts interpret such laws, appear to warrant future study.