Workplace Bullying – Who is responsible?
Incidents of workplace bullying are on the rise, but what do you do when the offender isn’t an employee? Who is responsible?
Such a case was recently brought to the US Court of Appeals for the Fourth Circuit in Freeman v. Dal-Tile Corp. Freeman states that while she worked for Dal-Tile, she was subject to harassment, inappropriate racial remarks, and sexual comments from an independent sales representative employed by a distributor to Dal-Tile. Freeman brought the situation up with the assistant manager and Human Resources. Although Dal-Tile prohibited Koester from communicating with Freeman they continued to allow him on the premises. The Fourth Circuit ruled in favor of Freeman citing that Dal-Tile Corp knew of the harassment and failed to take prompt remedial action.
The Workplace Bullying Take-Away
Employers are responsible for all bullying activity that occurs on company property under the course of routine business operations. If you have a bully in your midst – even if the offender is not directly employed by your company – it’s inbest interest of your company to take the matter seriously and begin corrective action immediately.
What is Workplace Bullying?
Workplace bullying is defined as verbal, nonverbal, psychological, physical abuse and humiliation. Although anti-bullying legislation is being introduced in states such as Massachusetts (H.1766), critics claim that this legislation will encourage frivolous lawsuits and imply that some may sue because someone was ‘mean to me’ or someone ‘doesn’t like me.’ Advocates of anti-bullying legislation see it as the only way to counteract the inadequacy of legal protections in place.
The Healthy Workplace Campaign (HWC), says that bullying is four times more prevalent than illegal discrimination and can have a wide range of effect on employees. It’s also a problem for employers, often resulting in frequent absenteeism, decreased trust in management, and the loss of valuable employees.
Alabama Employers: Know Your Gun Policy Limits
Alabama Governor Robert Bentley recently signed a gun bill into law that allows employees to have firearms in their cars at work. The law also protects businesses from being sued for any harm resulting from the use of those weapons on company property. The law takes effect August 1, 2013 and will affect employers with locations in Alabama.
The law allows employers to prohibit its employees from carrying firearms while on company property or while representing a company’s interests in the course of business. The law, however, does not allow employers to restrict transportation or in-vehicle storage of lawfully possessed firearms and ammunition in privately owned vehicles. Any person with a valid concealed-carry permit can transport and store loaded weapons in their vehicles – on or off company parking lots and transportation routes.
Even without a permit, a driver in Alabama is allowed to carry an unloaded weapon, as long as it is not readily accessible. Alabama also recognizes concealed-weapons permits with other states.
Alabama is among nineteen states that have enacted “guns-at-work” or “parking lot” laws that limit employers’ right to restrict firearms on company property.