Workplace bullying is once again receiving significant media attention after a Miami Dolphins offensive lineman, Jonathan Martin, lodged allegations of bullying and harassment by fellow lineman Richie Incognito and other unnamed teammates. While the National Football League investigates Martin’s claims, the Dolphins have suspended Incognito pending the outcome of the investigation. The NFL’s prompt response to Martin’s allegations serves as an important reminder that it is imperative that employers implement an effective mechanism to investigate and resolve workplace complaints.
Although workplace bullying is not actionable under current law, it is critical that employers investigate these claims, because an investigation may reveal that the workplace bullying was motivated by discriminatory animus. A majority of lawsuits that stem from workplace bullying are brought pursuant to Title VII of the Civil Rights Act and include allegations of race, gender, national origin or religious discrimination. An employer may be liable for employee bullying in a subsequent discrimination or harassment lawsuit if the plaintiff employee demonstrates a nexus between membership in a protected class (i.e., race) and the mistreatment. An employer’s prompt and effective response to internal complaints, however, can limit or entirely eliminate its liability in a subsequent discrimination, harassment or retaliation lawsuit.
Pre-Investigation Considerations
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