“Abusive conduct” is defined as behavior of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive and unrelated to an employer’s legitimate business interests. . . . [A] trier of fact should weigh the severity, nature and frequency of the conduct.
Abusive conduct may include, but is not limited to, repeated infliction of verbal abuse such as the use of derogatory remarks, insults and epithets; verbal or physical conduct that a reasonable person would find threatening, intimidating or humiliating; or the gratuitous sabotage or undermining of a person’s work performance.
A single act normally will not constitute abusive conduct, unless especially severe and egregious.
- House Bill No. 1632 (pending), Missouri State Legislature.
• Stay cool. Resist the urge to engage in emotion-charged argument.
• Consider the basis of anger or resentment. An unwelcome suggestion? Reaction to condescension? Stress in a colleague’s personal life?
• Admit fault of your own quickly, and apologize.
• If a colleague is impossible to work with, deal with his/her supervisor instead.
• Be aware of body language, and its calming effect. For example, if an angry co-worker is standing, offer him/her a chair.
• Take a disputatious colleague to lunch to discuss resentments.
• Offer help to a grumpy colleague who seems overworked.
• Limit contact with tantrum-prone co-workers.
• Report bullying, threats or other abusive behavior to human resources department.
- Compiled from interviews with various labor and employment law attorneys.
