Journal Facts

Journal
Journal of Workplace Rights
ISSN
1938-4998 (print) 1938-5005 (electronic)
Volume
14
Issue
2
Date
1/1/2009

Article Facts

Title
What Legal Protections Do Victims of Bullies in the Workplace Have?
DOI
10.2190/WR.14.2.b
Authors
  • William Marty Martin
  • Yvette P. Lopez
  • Helen N. LaVan
Pages
143-156
Online Date
07/19/2010

Article Links

What Legal Protections Do Victims of Bullies in the Workplace Have?

William Marty Martin
Yvette P. Lopez
Helen N. LaVan

DOI: 10.2190/WR.14.2.b

Abstract

Workplace bullying has evolved into an insidious, pervasive workplace issue. However, very few investigations have utilized comprehensive research methods to gain an understanding of how victims of bullying fare when pursuing their rights in courts. The plaintiffs are not suing for bullying; they are suing because the bullying violated some other law, such as an antidiscrimination law or some form of constitutional protection. Using policy capturing of litigated federal court cases, we find that victims of workplace bullying prevailed in 15.6% (82 out of 524) of the cases. The most frequently identified reasons for filing a cause of action were retaliation, harassment, discrimination, civil rights, constitutional amendments, state laws, and unlawful termination. The plaintiff success rate is an above-average rate because other studies have found even lower success rates for plaintiffs suing under similar laws for reasons unrelated to bullying. The present study provides guidance for victims of workplace bullies and their attorneys who are considering pursuing their rights upon being bullied in the workplace.

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