Workplace Bullying Institute

The Workplace Bullying Institute
2007 U.S. Workplace Bullying Survey

4. Bullying: A Different Kind of Harassment

When we say "harassment," most of us automatically think of sexual harassment, which we all know is illegal by state and federal laws. In order for harassment to be illegal and actionable in court, the recipient/victim/target's civil rights must be violated. Further, that person must be a member of a recognized "protected status" group. In the U.S. there are seven Civil Rights protected status groups (with gender & race most prominent) to which a person may belong in order to file a discrimnation complaint or lawsuit. In addition, discrimination is prohibited if age or disability can be shown to be the reasons for the harassment. Illegal harassment is status-based. [In Canada, there are 11 groups which comprise the basis of grounds-based harassment. In Ireland, there are 18.]

Bullying cuts across boundaries of status group membership. Bullying is status-blind harassment. It must be distinguished from illegal varieties of harassment. Bullying happens when harassment is same gender or same race or when the bully enjoys potential legal protection because he or she is a member of a protected status group.

4a.) Bullying is 4 (four) times more prevalent than illegal, discriminatory harassment. (Based on the 80:20 ratio in which only 20% of cases would the targeted person have been eligible for a potential discrimination complaint or lawsuit.) That is, in one-fifth of bullying situations, illegal discrimination may be a contributing factor. Bullies enjoy civil rights protection in 31% of all cases. And from WBI's anecdotal experience, bullies are the ones to threaten employers with lawsuits to stop investigations or attempts to curb the mistreatment.

Question: Sometimes mistreatment is based on discrimination due to race, gender, ethnicity, religion, disability, or age. Based on those categories, some people enjoy protected status by law. Now considering the mistreatment you endured, witnessed, or participated in, compare the target's status regarding membership in a protected group with that of the harasser's status.

Responses
The target only is in a protected group, 20.2%
Neither harasser and target are in protected group, 40.2%
Harasser and target were/are both in protected group, 16.7%
The harasser only is in a protected group, 14%
Not sure, 9%

4b.) Employers must respond appropriately when employment laws exist. Since bullying is not currently illegal, how do employers react? In 62% of cases, when employers are made aware of bullying, they escalate the problem for the target or simply do nothing. It must be said that doing nothing is not a neutral act. When a person asks for relief and nothing is done, the employer becomes the bully's accomplice, whether deliberately or inadvertently, by allowing it to continue unabated. In less than a third of situations, employers rendered help.

Question: When the mistreatment was reported, what did the employer do? (Asked only of those who said the targeted person filed a complaint or lawsuit, or complained informally.)

Responses
Did nothing, (43.7) 44%
Worsened the problem for the target, (18.4), 18%
Completely or partially resolved the problem in a way that helped the target, (31.9) 32% Not sure, 6%

Gender differences occurred. Men bullies were more likely than women bullies to enjoy employer protection by having the organization do nothing in response to reported mistreatment (47.5% vs. 38.8%).

Employer indifference is illogical given the talent flight caused by preventable bullying at a time when there is a critical shortage of skilled workers. See the estimated impact of bullying on turnover in Report section