We have an "aggressive" employee who seems to make her co-workers uncomfortable by loudly criticizing them; we think we have a bully on our staff. Is workplace bullying illegal? Do you have any tips for us to recognize and prevent bullying at work? Thanks. — Sara R., Oakland

Bullying exists on school playgrounds, but it has also permeated the workplace. There's the manager who hands outs unpleasant duties as punishment, the supervisor who blames his subordinates for his mistakes, or, in your case, the employee who verbally lashes out at her co-workers. A workplace bully's actions may not be illegal, but employers may face increased costs resulting from harassment lawsuits, reduced productivity, and high turnover. Here we take a closer look at workplace bullying and offer strategies to recognize and prevent it.

What Is Bullying?

Experts have defined workplace bullying as the "deliberate, repeated, and hurtful mistreatment" of a co-worker or subordinate with the purpose of undermining that person's sense of competence. Bullies tend to use psychological rather than physical aggression when mistreating their colleagues. Bullying may take many forms, including:

• giving the "silent treatment" 
• yelling
• withholding needed resources
• name-calling
• using putdowns
• accusing others of wrongdoing
• excessively criticizing
• assigning demeaning tasks as punishment

Clearly, bullying has always existed in the workplace. But with today's increased focus on litigation, more employers and employees are noticing—and acting on—the problem.

Who's a Bully?

Seventy-two percent of bullies are bosses, according to a 2007 national survey conducted by the Workplace Bullying Institute and Zogby International. In many cases, bullies are excellent workers who act appropriately around their own superiors. In fact, employers may not realize that an employee is a bully because the person spends time grooming his or her own image with management—so even when warning signs or early complaints appear, management's instinct is to side with the bully. This, combined with the fact that the targets of the abuse are sometimes hesitant to complain, means you may not recognize the aggressive behavior as bullying until you start seeing valued workers quit in frustration—and later potentially sue.

To determine whether there's a bully among your employees, look for these signs:

• high turnover in a specific department or division
• an ultracompetitive employee
• an employee who blames other workers for his or her own mistakes
• an employee who cannot work well on a team

Watch Out for Lawsuits

Unlike sexual or racial harassment, bullying creates a hostile work environment that is not targeted at an employee's protected status. And because it's technically not illegal, workplace bullying hasn't received as much attention as other forms of harassment. However, employers must be aware that any type of workplace harassment increases the likelihood that someone will sue and claim that the bully's actions were based on race, sex, age, disability, religion, or another protected classification.

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Several states have considered "healthy workplace" legislation aimed at providing legal protections against bullying. In 2003, California was the first state to propose such legislation, but it died in a legislative committee. However, some California cities have taken action locally to promote a healthy workplace. For example, in January 2007, the San Francisco Board of Supervisors passed a resolution condemning workplace bullying and asking the city's human resources department to consider how to include bullying and all forms of psychological harassment in policies covering workplace harassment.

5 Ways to Curtail Bullying

It may be difficult to determine when an employee crosses the line and becomes a bully, and some employees may not even realize that they are bullying their co-workers. To be proactive to prevent and address workplace bullying, employers are advised to take these steps:

1. Take complaints seriously. Unlike sexual harassment or discrimination complaints, many employers don't pay adequate attention to workplace bullying claims. And if a top performer or a high-ranking employee is involved, employers may be even more reluctant to act. Yet it's important to look into all complaints to make sure there isn't a persistent underlying problem that needs to be resolved.
2. Listen to feedback. Even if you don't receive formal complaints, pay attention to what employees say about workplace relationships and behavior, as it could indicate that someone is a bully. Monitor feedback from exit interviews, managers and supervisors, and even clients and vendors. Don't forget to look at other indicators, such as turnover, absenteeism rates, productivity, benefit costs, and recruiting and retention success.
3. Respond appropriately. Although there's some debate about the effectiveness of various strategies, you may consider using an outside conflict management consultant, referring the aggressive or outspoken worker to your employee assistance program, requiring group sensitivity training, and imposing stiff warnings and discipline. Always use caution and have good documentation before taking action against someone you think is a workplace bully to ward off a potential lawsuit by the aggressive employee.
4. Check your policies. Consider broadening the terms of your written antiharassment policy so that it covers all types of workplace harassment, including bullying, even when illegal discrimination is not involved. At a minimum, your policies should be clear about what is and isn't acceptable behavior as well as the consequences regardless of the bully's status in the organization.
5. Educate your employees. Consider implementing ongoing education, training, and communication programs regarding workplace bullying, especially for supervisors and managers.

By taking these approaches, employers may be able to better manage workplace bullying—and keep all of their employees happy.