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phenomenon of "workplace bullying" and the need for status-blind hostile work environment protection, The
Georgetown Law Journal, Mar 2000 by Yamada, David C
351. Hater, supra note 346, at 388:
352. See id. at 388-89.
353. Id. at 389.
354. The rule of at-will employment holds that an employment relationship is terminable at will by either the employer or employee, far any reason ar far no reason at all. For a general discussion about the rule and its incorporation into American Law, see Deborah A. Ballam, Exploding the Original Myth Regarding Employment-At-Will: The True Origins of the Doctrine, 17 BERKELEY J. EMP. & LAS. L. 91 ( 1996).
355. See generally Richard A. Epstein, In Defense of the Contract At Will, Si t3. CHi_ L. REV. 947 (1984).
356. Id. at 951.
357. Id.
358. Id. at 966.
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359. See id. at 968.
360. See generally Lawrence E. Blades, Employment At Will vs. Individual Freedom: On Limiting the Abusive Exerecise of Employer Power, 67 COLUM . L Rev. 1404, 1413 (1967 (detailing the financial and psychological impacts of a job loss).
361. See Epstein, supra note 355, at 970.
362. Keashly, supra note 41, at 9.
363, Id.
364. Reference to Title VII's relationship to the tort law is appropriate here. Notwithstanding Hager's delineation between Title VII and tort law, both doctrines seek civil redress for personal injury. Justice O'Connor described Title VII as a statutory employment "tort" to address employment discrimination. Price Waterhouse v. Hopkins, 490 U.S. 228, 264-bS (1989) (O'Connor, 7., concurring). A more colloquial, but equally apt characterization comes from my senior colleague Mare Greenbaum at Suffolk University Law School, who refers to Title VII as "torts dressed up for dinner."
365. Duffy, supra gate 5, at 392.
366. Id.
367. Id. at 422-23.
368. 524 iJ:S. 775 (1998).
369. 524 U.S. ?42 (1998).
370. Id. at 423.
371. See id.
372. Id. at 423-24.
373. Austin, supra note 3; at 2 (conceding that wider application of IIED doctrine to work abuse will not; in and of itself, redress power imbalances in the workplace).
374. Duffy, supra note 5, at 424. This point is made in the discussion above about the jurisdictional limitations of the NLRA. See supra text accompanying notes 296-301.
375. See HARPER & ESTREUCHER, supra note 73, at 111 tbl.3.
* Associate Professor of Law, Suffolk University Law School, Boston, Mass. B.A., Valparaiso University, 1981; M.A. (Labor and Policy Studies), Empire State College, 1999; LD., New York University School of Law, 1985.
The author serves in a pro bono capacity as an affiliated scholar with the Campaign Against Workplace Bullying, a California-based, nonprofit organization that provides assistance and advice to targets of workplace bullying and analyzes private and public policy options to address this problem.
The following individuals graciously offered advice, feedback on drafts, and/or bibliographic suggestions: Noa Davenport, Andy Ellis, Marc Greenbaum, Loraleigh Keashly, Lewis Maltby, Susan MaraisSteinman, Gary Namie, Joel Neuman, and John Ohliger. Nicole Garretson; Suffolk '99, provided timely research assistance. This article was supported by summer research stipends from Suffolk University Law School
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