The term mobbing refers to a group of colleagues in a workplace who band together as a means to harass, humiliate, intimidate, or bully a co-worker. In other words, mobbing is a specific act of workplace bullying, with the end goal of mobbing being to push the targeted employee out of the workplace.
According to the Workplace Bullying Institute (“WBI”), workplace bullying is defined as:
- Repeated and health-harming mistreatment of an employee, by one or more employees;
- Abusive conduct taking the form of verbal abuse;
- Behaviors that could be considered threatening, intimidating, and/or humiliating;
- Work sabotage; and/or
- Any combination of the above acts.
Specifically, when it comes to the reasons for mobbing behavior many studies believe that individuals that are often above average in performance and creativity are targets, as other employees may feel threatened in their own positions. In other words, mobs often bully those who excel in the workplace.
It is also common for a mob to target an individual who is unproductive or an outcast, or those that cannot be terminated easily, such as an individual that may have additional workplace protections based on a protected characteristic.
Individuals who are targeted by mobbing will often feel like they are being “ganged up on.” Typically, there is a leader of the mob group, who may be a co-worker, manager, or subordinate. This leader will generally rally other colleagues into acting-out towards the victim with mob-like behavior.
Then, as a result of the bullying over time, the victim of the mobbing may experience adverse effects and psychological trauma, such as post-traumatic stress disorder (“PTSD”). There are also additional adverse effects that moving may have on a worker.
How Does Mobbing Affect a Worker?
It is important to note that bullying at work is still considered to be an inevitable or even necessary business practice. In terms of bullying statistics for 2021, the WBI provided the following information concerning workplace bullying:
- 30% of adult American employees are bullied while at work;
- 76.3 million adult American workers have been affected by workplace bullying;
- 61.3% of workplace bullying is said to be same-gender bullying; and
- 43% of American remote workers also experience a form of workplace bullying.
As can be seen, there are numerous cases of workplace bullying that occurs throughout the United States. As such, there are also numerous cases of mobbing in the workplace. Mobbing can result in serious mental, physical, and emotional issues for the individual or individuals that are targeted by the mob. Examples of common effects of mobbing include:
- Depression and sleeplessness;
- Loss of focus or interest in work tasks;
- Substandard performance as a result of the mobbing;
- Anxiety, emotional distress, and post-traumatic stress disorder (PTSD); and/or
- Resignation from position.
Once again, the general goal of mobbing is to force an individual to resign from their position or quit. In addition to affecting individuals mental and physical health, mobbing may also affect a business. The disruption and divisiveness within a company as a result of mobbing not only decreases morale and productivity, but may also cost the business significant profit loss as a result of a hostile work environment.
Hostile work environments may be created by:
- A coworker;
- A supervisor or manager;
- Repeat clients;
- Vendors;
- Visitors;
- Contractors; and/or
- Other employment staff which have significant contact with an employee.
It is important to note that not every isolated incident, petty slight, or annoyance will necessarily constitute a hostile work environment. However, if an individual finds themselves in a situation in which they have been subjected to offensive and unwelcome conduct that has affected the terms and conditions of their employment, such as mobbing, then they may be able to seek civil relief and sue their employer or responsible party for harassment for a hostile work environment.
What Are the Legal Consequences of Mobbing?
One of main issues associated with mobbing in the workplace is that it often goes unreported for long periods of time. This is largely because many employees do not want to risk losing their job by reporting incidents of mobbing.
However, it is imperative that any individual being mobbed informs their employer or Human Resources (“HR”) department if the mobbing results in issues in the workplace. Examples of common legal remedies for workplace bullying and mobbing include, but may not be limited to:
- The employer having the mob and mob leader reprimanded or disciplined for their actions;
- The employee recovering damages for emotional distress through a civil lawsuit;
- A court order which requires the employer to institute new company policies, such as an anti-bullying law for the workplace; and/or
- If the mobbing has caused a loss of job or lost wages, the mobbing victim may be able to get their job back, plus back pay.
Workplace bullying and mobbing is generally filed as a harassment claim, especially if the bullying involves an additional form of harassment, such as sexual harassment. Additionally, it may be possible to file the workplace mobbing claim under state or federal anti-discrimination laws. Finally, workplace mobbing can also be included in a lawsuit for a hostile work environment, as previously discussed.
Are There Any Defenses for Mobbing?
Currently, there is no state in the United States that has passed an anti-bullying law for the workplace. However, there has been new legislation, such as the proposed Healthy Workplace Bill which may soon change this fact.
Further, there is no specific federal law that addresses bullying or mobbing in the workplace specifically, but if the person being bullied is part of a protected group (such as employees that are 40 or older or disabled workers), the the act of bullying becomes harassment, which the worker is protected from under both federal and state laws.
The federal Civil Rights Act of 1964 (“CRA”) and subsequent federal laws and regulations prohibit discrimination against individuals or groups of individuals at a workplace because of particular traits.
As mentioned above, mobbing often involves other offenses that may be actionable under state and federal laws, such as discrimination and sexual harassment. The following list are examples of defenses that may be used against claims of participation in mobbing behavior:
- The plaintiff (i.e. the party alleging they were harmed) is making false accusations against the defendant;
- The plaintiff was mistaken as to the identity of the bully;
- There is a lack of evidence to prove mobbing occurred;
- The defendant was not involved with the accused or was wrongly associated with those individuals that made up the mob; or
- There were no damages in the case, which means the plaintiff failed to state a claim upon which there was some form of relief.
- In general the plaintiff must be able to show damages in order to have a successful claim.
Once again, the most common defense strategy is to counter the plaintiff’s claim by arguing there is not sufficient evidence to prove their case. If the plaintiff cannot prove that there was any measurable level of loss or other harm suffered, then it is possible that the defendant may not be held liable in either a civil or criminal court.
Should I Hire a Lawyer for Help with a Mobbing Claim?
If you are experiencing any issues related to workplace mobbing, either as the recipient or as the employer of a workplace bully, it is important to consult with an experienced discrimination lawyer.
An experienced discrimination attorney can help you understand your legal rights, options, and obligations according to your state’s specific laws regarding workplace harassment and discrimination. Additionally, an employment attorney will also be able to represent you in court, as needed.
