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April 8, 2008
Legal Leap for Workplace Bullying
Indiana Supreme Court Ruling
Legal Leap for Workplace Bullying
Indiana Supreme Court Ruling
The First U.S. "Bullying Trial" - Indiana
Until there is a state law, bullying, status-independent harassment, will be legal in the U.S.
In 2005, Dr. Gary Namie, Director Workplace Bullying Institute, testified as an expert witness in an Indianapolis state court trial. From the stand, he branded the defendant cardiovascular surgeon, Raess, a "workplace abuser." The trial was based on a claim of emotional distress and assault, not bullying, of the plaintiff Joe Doescher. It was dubbed by the press as the nation's first "bullying trial."
The plaintiff Doescher won and the jury awarded $325,000.
Read the local press accounts: Pre-Trial and Post-Trial
However, the Court of Appeals reversed the decision in 2006 and in 2007.
Read the Appellate decision.
On Oct. 10, 2007, the Indiana State Supreme Court heard Doescher's appeal.
Read the pre-arguments announcement of oral arguments.
View the 40 minute oral arguments in front of the Indiana Supreme Court which convened in Evansville, IN. (Requires Real Player to open and view)
Listen as some justices appear incredulous that the defense attorney tried to undermine the existence and role workplace bullying played in that toxic health clinic, peppering him with questions about his disbelief regarding bullying and the undeniability of bullying since 3rd grade experiences that everyone has.
Read the post-arguments press account.
On April 8, 2008, by a vote of 4 to 1, the Supreme Court UPHELD the original trial verdict and the $325,000 award to Joe Doescher.
Read the press account of the Supreme Court decision.
Read the 16-page Supreme Court Decision. in .pdf format
The precedent-setting statement from p. 10 of the opinion:
"The phrase 'workplace bullying,' like other general terms used to characterize a person's behavior, is an entirely appropriate consideration ... workplace bullying could be considered a form of intentional infliction of emotional distress."
"For too long, American employment law has ignored base cruelty in the workplace. This welcomed decision by the Indiana Supreme Court sends an encouraging message that work- place bullying should be taken seriously by our legal system," says Suffolk University Law Professor David Yamada.
Read the April 10 WBI news release