• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Just curious

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

LONDONDERRY

Junior Member
What is the name of your state (only U.S. law)? MA

I don't have a complaint to post just a curious question that I though someone might be able answer.
I do have a question in regards to harasment. I realise there is sexual harasment laws, but why isn't laws against workplace bullying or basically your manager/boss/ supervisor belittling yelling or just treating or singling an individual out as there personal punching bag everytime their in a bad mood?

Thanks
 


cbg

I'm a Northern Girl
Because it is next to impossible to legislate behavior. There's also a problem with perception. Some people think they're being bullied when they're told anything negative at all, even justified, or when they're told that they can't take every Friday off, or if they want to go to their kid's soccer game on the same afternoon that a major project is due and the boss says no.

I have personal experience with this. I had an employee who decided that a memo to the entire staff was *really* about her; who thought she was being bullied when she was told she could not take a 15 minute smoke break every hour; and a few other like details. She went so far as to call the police and tell them she was afraid to go back to work. In actual fact she was holding the entire office hostage - everyone was walking on eggs not to upset her. She was finally fired after the police incident (which took place after she threw a major tantrum, including throwing things and screaming) in the front lobby in full hearing of a major client. I had another employee come in to my office after that and tell me she'd been literally afraid to come to work when "Jane" was going to be there. And yet "Jane" had done a perfect job of convincing the police that she was in actual danger.

I'm not even remotely saying that this is going to be the case all the time. I've had my share of bullying bosses too. But I offer this as an example of why it is so difficult to separate perception from fact, and why you need to be able to do so in order to legislate what is bullying and what is not.
 

commentator

Senior Member
cbg that is a great answer! You are so right, it is all about perception.
It is impossible to legislate perception.

I also have heard many stories, both about neurotic employees and about bullying bosses. It seems to me that particularly in the situation where a boss really is a yelling screaming bullying jerk, as soon as the economy improves, these people lose employees, lose business and lose ground very rapidly. This behavior is unprofessional, and usually doesn't go far when you are working for an organization, it's most commonly seen among private small business owners who consider themselves "little dictators" in their own little kingdom.

When they can, mature responsible employees avoid these people, leave quickly with their dignity intact and go elsewhere. That is really about the only right that is needed.

Employees who feel they are entitled and behave in over-privileged ways are often the ones who find themselves sitting on the curb saying, "They can't do this to me, can they?"

Most people do not realize the absence of many laws regarding workplace behavior. Until they are in the situation, they innocently believe that our government (though at the same time, everyone agrees that we need LESS government intervention, right?) is actively in the business of monitoring their worksite and stands ready to punish those people who do not treat them fairly, properly, decently, nicely.

I have spent many years doing "reality orientation" for these people.
 

LONDONDERRY

Junior Member
Intesting and insightful answers.
However, can't the same be said about sexual harasment? Where preception vs actuality come into play?
I guess what I mean about this for example; if I have a framed picture on my desk of my wife on a beach in a bikin or swimsuit in a semi-modeling pose to one women co-worker, it might be okay but to another it will be an issue.

Another thing I've noticed in the 25+ years of proessional employment is very rarely do men in a managerial postion scream and yell at a women employee, but will have no problem with a male employee working under them.
 

pattytx

Senior Member
I'm not getting into this debate. There are real people with real issues out there asking for our assistance. I'd rather spend my time helping them.
 

cbg

I'm a Northern Girl
The difference is that there are specific definitions of what is and is not sexual harassment. While there is a certain amount of perception involved, the law has set a legal definition of sexual harassment. So far, it has not chosen to do so for "bullying" behavior.

If you want to know why not, you'll have to ask your elected representatives.
 

Beth3

Senior Member
I guess what I mean about this for example; if I have a framed picture on my desk of my wife on a beach in a bikin or swimsuit in a semi-modeling pose to one women co-worker, it might be okay but to another it will be an issue.

Having a picture of your wife (or anyone) on your desk in revealing attire isn't sexual harassment but it is most definitely inappropriate in the workplace.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top