phenomenon of "workplace bullying" and the need for status-blind hostile work environment protection, The

2. Bullies and Their Behaviors

A recent survey by management professor Christine Pearson of 775 targets of workplace incivility and aggression found that sixty percent of the "instigators" of these behaviors "were of higher institutional status than the target," while "20 percent were of equal status" and "20 percent were of lower status."17 Seventy percent of the instigators were male, and men were much more likely than women to inflict their actions on those of lower status.18

Although the term "bullying" may connote physical and verbal aggression, targets of workplace bullying report a variety of overt and covert behaviors. Keashly's list of abusive behaviors includes the following:

aggressive eye contact, either by glaring or meaningful glances; giving the silent treatment; intimidating physical gestures, including finger pointing and slamming or throwing objects; yelling, screaming, and/or cursing at the target; angry outbursts or temper tantrums; nasty, rude, and hostile behavior toward the target; accusations of wrongdoing; insulting or belittling the target, often in front of other workers; excessive or harsh criticism of the. target's work performance; spreading false tumors about the target; breaching the target's confidentiality; making unreasonable work demands of the target; withholding needed information; taking credit for the target's work.19

An online survey of self identified bullying targets and witnesses conducted by the Namies similarly reported the following as the most common tactics, listed from most to least frequent: blame for "errors," unreasonable job demands, criticism of ability, inconsistent compliance with rules, threats of job loss, insults and put-downs, discounting/denial of accomplishments, exclusion or "icing out," yelling and/or screaming, and stealing credit.20

Management professors Joel Neuman and Robert Baron have constructed a model that places each type of aggressive or abusive behavior into one of three categories-"Expressions of Hostility," "Obstructionism," or "Overt Aggression."21 "Expressions of Hostility" may include "(i)nterrupting others when they are speaking/talking," "(f)launting status/acting in a condescending manner," and "(l)eaving the work area when the target enters."22 Obstructionism includes behaviors such as "(f)ailure to return phone calls or respond to memos," "(s)hawing up late for meetings run by target," and "(f)ailing to defend target's plans to others."23 "Overt Aggression" covers acts or threats of physical violence, as well as destruction, theft, or sabotage of the target's work materials.24 The Lists of behaviors compiled by these researchers indicate the broad range of behavior that must be addressed by a legal cause of action aimed at workplace bullying.

The Namies determined that the targets of bullies fit three common profiles. First, "nice people" are often targeted because bullies figure nice people are unlikely "to confront or stop them."25 Second, "vulnerable people" present a nonthreatening profile by their words and actions.26 Third, bullies target the "bold, best, and brightest." 27 Haunted by feelings of inadequacy, bullies "lash out at others who threaten their presumption of superiority" by doing what they can to undermine them.28