88 Geo. L.J. 475 (1999-2000)
The Phenomenon of Workplace Bullying and the Need for Status-Blind Hostile Work Environment Protection

handle is hein.journals/glj88 and id is 497 raw text is: The Phenomenon of Workplace Bullying
and the Need for Status-Blind Hostile
Work Environment Protection
DAVID C. YAMADA*
TABLE OF CONTENTS
INTRODUCTION .............     ..............................             477
1.  MAPPING THE WORLD OF WORKPLACE BULLYING ................            479
A. DEFINING AND EXPLAINING WORKPLACE BULLYING ............           480
1. Definitions of Workplace Bullying ................           480
2. Bullies and Their Behaviors .....................            481
3. The Effects of Workplace Bullying on Workers and
Their Employers   .............................             483
4. Pervasiveness of Workplace Bullying ..............           484
B. THE MODERN AMERICAN WORKPLACE: PRIMED FOR BULLYING . .            485
1. Growth of the Service Sector Economy .............           486
2. Global Profit Squeeze ..........................             487
3. Decline of Unionization ........................             488
4. Diversification of the Workforce ..................          489
5. Increased Reliance on Contingent Workers ...........         490
II. EXISTING POTENTIAL LEGAL THEORIES TO COMBAT WORKPLACE
BULLYING  ...........    ................................           491
A. POLICY OBJECTIVES TOWARD CRAFTING A LEGAL RESPONSE TO
WORKPLACE BULLYING .............................                492
* Associate Professor of Law, Suffolk University Law School, Boston, Mass. B.A., Valparaiso
University, 1981; M.A. (Labor and Policy Studies), Empire State College, 1999; J.D., New York
University School of Law, 1985.
The author serves in a pro bono capacity as an affiliated scholar with the Campaign Against
Workplace Bullying, a California-based, nonprofit organization that provides assistance and advice to
targets of workplace bullying and analyzes private and public policy options to address this problem.
The following individuals graciously offered advice, feedback on drafts, and/or bibliographic sugges-
tions: Noa Davenport, Andy Ellis, Marc Greenbaum, Loraleigh Keashly, Lewis Maltby, Susan Marais-
Steinman, Gary Namie, Joel Neuman, and John Ohliger. Nicole Garretson, Suffolk '99, provided timely
research assistance. This article was supported by summer research stipends from Suffolk University
Law School.

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