The plaintiff, Joseph Doescher, was a perfusionist at St. Francis Hospital in Beech Grove, Indiana, who worked side by side with prominent heart surgeon, Daniel H. Raess, M.D. Doescher alleged that Raess repeatedly subjected him to verbal abuse, and placed him in fear of physical harm (bullying may take a variety of forms, ranging from mean, insulting, or humiliating verbal attacks to false criticism and constant fault-finding to threatening or physical contact), even denying him leave to attend a family funeral. The basis of Doescher’s successful claim was intentional infliction of emotional distress and assault. The award represents 1.5 years of pay.
Bullying continues to be a part of life for at least 20% of the working population at some point in their working lives, according to The Campaign Against Workplace Bullying. In this case, Raess worked for the hospital for nearly 20 years, and was accused of bullying and abusing other members of the staff.
Unfortunately, bullying is not per se illegal. This does not mean that those who are bullied by their supervisors or coworkers are entirely unprotected. Bullying behavior that stems from discrimination based on factors such as gender, age, color, race, national origin, disability, or religion – or if it gives rise to a hostile work environment based on these same factors – is illegal and prohibited under federal and state employment laws. In addition, victims of bullying who have been touched by their harassers against their will or threatened with harmful or unwelcome physical contact can sue for battery or, in the latter case, assault.
What can you do if you are being bullied? The harsh reality is that "mean" and "illegal" are very different. For those suffering from the former, the best option may be to take stock of the situation, and get a plan in place with the following components:
1.) Ask yourself what led to the current tensions and whether there is anything you can do to diffuse them. Consider talking to someone outside the company – perhaps a trusted friend or family member can provide the support you need. If not, a career coach or a therapist might be able to help fortify you with emotional defenses against the bullying. 2.) Keep a factual journal or diary of daily events – document what happens (what is said or done), where and when (date and time), and identify witnesses. DO NOT use the company computer to record these events, as it is not secure and your data can be copied, read, or manipulated. Journal ONLY at home, either on paper or on a personally-owned computer that is not linked into your employer’s computer system. Never leave your journal in your office, or other place at work where it could be read or confiscated. 3.) Keep copies of any letters, memos, emails, instant messages, faxes, etc. received from the bully. Remember, it’s not just the character of the incidents, but the number, frequency and especially the pattern that strengthens your position that you are in a bullying situation 4.) Explore other options at work. Can you bid out for a job elsewhere in the company to escape the current environment? Consider devising a plan to use your company's internal grievance system for help to resolve the problem. Consult with an employment attorney for help, especially if you think your job is in jeopardy. 5.) Finally, if you've exhausted all your options and come up empty-handed, then it may be time to consider moving on – and out of the abusive environment before you get pushed to a breaking point where you retaliate against the bullying (which can make you look equally to blame!) or else become physically or emotionally ill.
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