To print this article, all you need is to be registered or login on Mondaq.com.
We know that bullying in the workplace, no matter how horrible
or damaging, is not by itself actionable under Title VII, or virtually every jurisdiction’s
civil right laws. Unless, however, it can be shown that the
bullying was part of or based upon the victim’s protected
class, i.e., bullying a co-worker because they are of a certain
color, age, gender, etc.
But what about bullying a corporation?
Huh, you rightly say. Can that be?
A corporation is not in a protected class under the civil rights
laws – at least the last time that I checked. Although at
various times the Supreme Court has declared that a corporation is
a “person” for the purposes of certain constitutional
protections (Citizens United) and that it can (if a close
corporation) raise religious objections (Hobby Lobby),
I’m not aware of a corporation making a claim or charge that
it’s been bullied – either as a stand-alone claim or
because of its age, race, etc. Maybe if someone made fun of it
because of its age – but I doubt it.
Until now – sort of.
According to a UK news report, the UK company Standard Life
Aberdeen decided to rebrand and changed its name to Abrdn in 2021,
deleting all vowels from its new name. Now it has become the sorry
victim of media ridicule and mockery. Although the news report
quotes the company as saying that this changed name would create a
“modern, agile, digitally enabled brand,” the media
suggested that it had developed a case of “irritable vowel
syndrome.”
Could this be a case of disability discrimination?
Perhaps, but the company charged that it’s the victim of
“corporate bullying.” The CEO Stephen Bird (mocked in the
press as Stphn Brd), said that “Would you do that with an
individual? How would you look at a person who makes fun of your
name day in, day out? It’s probably not ethical to do it. But
apparently with companies it is different.”
Sorry, Stphn, but at least in the US, bullying by itself is not
actionable, even if your name is made fun of (unless, perhaps, the
name is associated with, for example, a protected racial or
national origin class). But for a corporation? Nah.
Stphn, bullying is out as a civil rights claim, but maybe try
disability discrimination based upon “irritable vowel
syndrome,” although I’m pretty sure that “irritable
vowel syndrome” would not be recognized as a disability under
the Americans With Disabilities Act (ADA).
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Employment and HR from UK
#Corporation #Victim #Bullying #Suffer #Disability #Employment #Litigation #Tribunals
