Mobbing Legal

Bullying that creates a hostile work environment is not illegal per se, but it still carries risks for your business in the form of: It is not illegal for your boss or co-worker to harass you unless it is for an illegal reason. The law does not require your boss or co-workers to be kind, friendly, or fair. However, such harassment may be unlawful if it is based on an unlawful reason or motive. The key under the law to determining whether harassment or bullying behavior is illegal is that it is not the what, but the why. Kenneth Westhues` study on bullying in academia found that vulnerability was heightened by personal differences such as strangers or a different gender; working in fields such as music or literature, which have recently been influenced by less objective and more postmodern science; financial pressures; or have an aggressive supervisor. [15] Other factors included envy, heresy, and campus politics. [15] In intimidating targets with PTSD, Leymann notes that the “mental effects were quite comparable to the PTSD of war or prison camp experiences.” Some patients may develop alcoholism or other substance use disorders. Family relationships suffer regularly and victims sometimes show aggression towards strangers on the street. Targets and controls in the workplace may even develop brief psychotic episodes of occupational psychosis, which usually occur with paranoid symptoms. Leymann estimated that 15% of suicides in Sweden are directly attributable to bullying in the workplace. [2] Adams and Field believe that bullying is typically found in work environments where production or work processes are poorly organized and management is incompetent or inattentive, and that victims of bullying are generally “extraordinary people who have demonstrated intelligence, skill, creativity, integrity, performance and commitment.” [10] In contrast, Janice Harper[8] suggests that workplace bullying is generally found in organizations where employee departure opportunities are limited, whether through employment systems or contracts that make it difficult to terminate an employee (such as universities or unionized organizations) and/or when seeking comparable employment in the same community makes it difficult for the employee to: to leave voluntarily (e.g.

from academic positions, e.g. religious or military institutions). In these labour relations, efforts to eliminate the worker are intensified in order to move him against his will through avoidance, sabotage, false accusations and a series of investigations and misassessments. Another form of employment where workers are bullied are those that require the use of uniforms or other characteristics of group inclusion (law enforcement, firefighting, military), organizations where only one gender predominates but another gender begins to enter (STEM, firefighting, military, nursing, education, and construction fields). Finally, it suggests that organizations with limited opportunities for advancement may be vulnerable to bullying because those that progress are more likely to view challenges to their leadership as a threat to their precarious positions. Harper also disputes the idea that workers are being targeted for their exceptional expertise. In some cases, she suggests, exceptional workers are bullied because they are perceived as a threat to someone, but some workers who are bullied are not necessarily good workers. Rather, Harper argues that some targets of bullying are outcasts or unproductive workers who cannot be easily fired and are therefore treated inhumanely to displace them. While Harper emphasizes the cruelty and harmful consequences of bullying, his organizational analysis focuses on the structural rather than moral nature of the organization. In addition, she considers the behaviour itself, which she calls workplace aggression, to be based on group psychology rather than individual psychosis – even if bullying is initiated because of a leader`s personal psychosis, the dynamics of group aggression will transform leader bullying into group bullying – two very different psychological and social phenomena. These are called “self-labeling” or “behavioral experiment” methods. [18] If this does not work, they can file a formal complaint through their employer`s complaint procedure.

If that doesn`t work and they are still being harassed, they can sue in an employment court. Janice Harper followed her Huffington Post essay with a series of essays in the Huffington Post[6] and in her column “Beyond Bullying: Peacebuilding at Work, School and Home” in Psychology Today,[7] which argues that bullying is a form of group aggression innate to primates, and that those who bully are not necessarily “bad” or “psychopathic.” But react in a predictable and structured way when someone in a position of leadership or influence tells the group that someone has to go. For this reason, she pointed out that anyone can and will engage in bullying, and that once bullying begins, just like in the animal kingdom, it will almost always continue and intensify as long as the goal remains with the group. Subsequently, she published a book on the subject[8] in which she examined animal behavior, organizational cultures, and historical forms of group aggression, suggesting that bullying is a form of group aggression on a continuum of structural violence with genocide as the most extreme form of collective aggression. Terminating employees would not be considered illegal in these situations, as bullying is usually explicitly prohibited in employee handbooks. This means that employees have the legal right to take action if bullying crosses the line of sexual harassment or if it meets the legal definition of nonsexual harassment or discrimination based on protected characteristics, such as: Harassment is generally described as unwanted behavior or behavior toward a person that seems disturbing. disturbing or threatening. Harassment is intentional, repetitive and can also involve a physical element (invasion of space). Bullying becomes harassment if it targets someone because of their race, color, religion, sex (including sexual orientation, gender identity or pregnancy), national origin, age, disability or genetic information (including family history) and is illegal when proven as such.