ABSTRACT

Employers can take steps to prevent, detect, remedy and even eliminate workplace bullying. In order to truly take steps to prevent, detect, remedy and eliminate workplace harassment and bullying, employers must have the right mindset. The Supreme Court of the United States has consistently supported the idea of the employers taking steps to address the sub-category of workplace bullying – unlawful harassment. For supervisory harassment, employers would be held liable unless they could show they took reasonable steps to prevent, detect and remedy such harassment and the plaintiff/target unreasonably failed to take advantage of available remedial measures. The Supreme Court went further in Kolstad, recommending that employers adopt specific anti-harassment policies and train employees on such policies. Workplace bullying destroys targets' human rights and there is perhaps no stronger ethical responsibility of an employer than to protect the human rights of workers who enter his/her doors of employment.