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For generations, children have been tormented by school-yard bullies. And many of these bullies eventually get jobs. But workplace bullying is complex because the victim does not always fall into a protected class or category and because there is a wide range of behaviors, from subtle to physical.

Eliminating bullying from the workplace requires a multifaceted approach. First, employers must understand the risks and costs associated with bullying so that they are motivated to address it. Second, they must incorporate an anti-bullying message into their culture through written policies and training. Third, they must educate managers and supervisors to prevent bullying and to properly address it when it occurs.

The risks and costs of workplace bullying

Even though there isn’t a workplace bullying law (yet), bullying exposes an employer to potential legal liability on several fronts. Bullying in the workplace can lead to lawsuits based on claims of negligent hiring, negligent retention, a hostile work environment or discrimination. Bullying also can lead to workers’ compensation claims for stress and emotional injuries. If bullying results in physical violence, then assault and battery claims also may surface. In any of these claims, it is no defense that the bully is an “equal opportunity” bully who treats everyone in a demeaning way.

No one wants to work for or with a bully and even if a company dodges a lawsuit, it will still suffer from increased absenteeism, decreased productivity, low morale and high turnover. Even worse is that bullying can lead to violence and death.

Create a bully-free workplace

To eliminate bullying from the workplace, employers can start by developing and implementing policies. First, define the behavior, which can range from damaging gossip to setting up an individual for failure in hostile confrontations.

The hallmarks of bullying include: serious or repeated behavior that is unreasonable or unwarranted under the circumstances, and that targets a weaker or defenseless individual or group, and that is intended or likely to be harmful in either physical or mental ways.

Equally important is defining what bullying is not. Bullying is not rudeness or sullenness. It is not a one-time incident, unless very serious. It is not a supervisor who insists that employees consistently follow rules, meet deadlines and produce top-quality work.

There is no legal definition of bullying, but the Washington state Department of Labor and Industries has developed a good working definition that employers can incorporate into their policies:

“Workplace bullying refers to repeated, unreasonable actions of individuals or a group directed toward an employee (or group of employees), which is intended to intimidate and create a risk to the health and safety of the employee(s). Workplace bullying often involves an abuse or misuse of power. Bullying includes behavior that intimidates, degrades, offends, or humiliates a worker, often in front of others. Bullying behavior creates feelings of defenselessness in the target and undermines an individual’s right to dignity at work.”

Employers should create a mechanism for employees (whether the target or a witness) to raise complaints without retaliation. This can be the same process used for complaints of harassment or discrimination. Be sure that the employee can go to someone other than a direct supervisor, because that individual may be part of the problem. Also, ensure that victims are not required to come up with their own remedies.

Finally, as with any new policy, communicate its importance by holding a meeting to introduce it. Let employees ask questions and talk through issues. Discussions should be limited to examples or past experiences, and not current concerns. If employees have issues presently, invite them to come forward after the meeting.

Training managers and supervisors

Managers and supervisors have two responsibilities in respect to enforcement of an anti-bullying policy: setting the standard and enforcing the policy.

Managers should start by reviewing their own supervisory practices. It is not always easy to draw a clear line between tough or assertive management and bullying. However, certain behaviors always cross that line, including name-calling, discipline of an employee in front of peers, throwing items at an employee, and directing profanity or physical threats at an employee. Less clear (but still undesirable) are raised voices, favoritism and negative communications.

Supervisors need to motivate employees to achieve performance goals and standards without resorting to a negative tone and without getting personal. Good supervisors set their standards uniformly high.

Managers and supervisors must be able to recognize bullying behavior and take prompt steps to end it. Institution of a policy is meaningless if it is not enforced properly. Take all complaints seriously and conduct investigations, disciplining offenders in a manner calculated to end the bullying. Do not minimize or disregard inappropriate behaviors that may not rise to the level of bulling. Finally, follow up to be sure that all issues are resolved.

Amy Angel practices labor and employment law as an attorney at Barran Liebman LLP. She represents and advises employers on issues relating to employment, labor and employee benefits. Visit to register for Barran Liebman LLP’s Train the Trainer Program: Bullying in the Workplace on Dec. 7.