Kendall D. Isaac
Fort Valley State University
March 13, 2013
Resolved J. Alternative Disp. Resol., Spring 2013
Workplace bullying is on the rise. However, there seems to be little that victims of bullying can do to prevent it. While federal and state legislation protect individuals from harassment and discrimination based upon immutable characteristics such as age, race, sex, religious preference, disability, and national origin, the law is fairly silent relative to direct protection against workplace bullying, making litigation in many respects futile. Some would call the concerns of bullying victims as just the cry of the “thin-skinned.” But should the psychological predisposition of a person qualify as an immutable characteristic? Without clear legal protections, what can be done about bullying? Additionally, how can ADR mechanisms of arbitration and mediation help to remedy a problem that seems to have expanded beyond the control and grasp of the traditional corporate response of simply delegating control of finding a viable resolution to line management and the Human Resources Department? This paper will explore all of these issues and more.