Indiana Supreme Court Weighs In On Workplace "Bullying"

In a decision announced April 8, 2008, the Indiana Supreme Court weighed in on workplace bullying in a highly publicized case involving a local physician accused of such conduct. In reversing the Indiana Court of Appeals, the Supreme Court affirmed a $325,000 jury verdict in favor of an employee who claimed he suffered bullying in the workplace. Although the facts of this case arose out of the often-tense environment of a hospital operating room, this decision by the Indiana Supreme Court may have significant ramifications for all Indiana employers.

The United States has had laws prohibiting discrimination and harassment on the basis of specified characteristics, such as those set forth in Title VII of the Civil Rights Act of 1964, for several decades. However, increasingly more attention is being paid to forms of behavior that may be harmful to employees but that may not be based on any specified characteristic or protected category. This non-discriminatory but still harmful behavior is more commonly known as “bullying,” “microinequities,” or in Europe, “mobbing.”

Articles in the New York Times, Wall Street Journal, and Time Magazine, for example, reflect the growing concern of corporations across the country about the impact of these types of behaviors on employee morale, productivity, and attrition. Bullying is generally known as “the tendency of individuals or groups to use persistent aggressive or unreasonable behavior against a co-worker.” In addition to cases like the one recently decided by the Indiana Supreme Court, 13 states have considered or currently are considering statutes concerning potential liability for workplace bullying.

This trend is not limited to the United States. Recently, a British court upheld a record $26 million dollar verdict in an extreme case of "mobbing" of an employee by a supervisor.

Ice Miller will be hosting a webinar to discuss the recent Indiana Supreme Court decision and to help employers understand their options for dealing with workplace bullying on Friday, April 18, from noon- 1 p.m. (EST). Register online for this free webinar.

David Carr is a partner in Ice Miller's Labor & Employment Practice Group. His practice focuses in the areas of personnel policies, employment discrimination, sports law, and employment contracts involving trade secrets, confidential information and covenants against competition.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.