More than a half-dozen states are currently considering laws that would make workplace bullying an unlawful employment practice and give victims the right to sue employers that fail to prevent it. Proponents of such legislation point to surveys reporting that approximately 20% of employees suffer from health issues as a result of workplace bullying, and further note the rather surprising result that half of all bullying reported is committed by women. Nevertheless, it should come as no surprise to employers that the vast majority of bullies reported (71% in one survey) are bosses.

What exactly is workplace bullying? Traveling under the title of “The Healthy Workplace Bill,” the proposed laws often define the conduct as “repeated infliction of verbal abuse such as the use of derogatory remarks, insults or epithets, physical conduct that a reasonable person would find threatening, intimidating or humiliating, or the gratuitous sabotage or undermining of an employee’s work performance.” Similar to traditional anti-discrimination laws, these bills also prohibit retaliation for reporting acts of bullying, and provide various forms of relief, including lost wages, compensatory and punitive damages, and attorney’s fees. Unlike traditional laws, however, some bills expressly provide for court-ordered removal of the bully from the workplace and permit the employee to accept a worker’s compensation payout in lieu of damages.

What does all this mean for employers? Until now, employers were liable for their employees’ conduct only when it had a sexual, racial or other unlawful overtone. Companies that operate in states in which anti-bullying laws are passed, however, could find themselves liable for conduct that is free of unlawful bias. Accordingly, companies may have a duty to prevent, investigate and remedy conduct ranging from personality disputes between employees to the actions of overly-demanding supervisors.

What should employers do now? While state legislatures debate the merits of such laws, employers should take note of the apparently wide-spread belief that so many bosses are so abusive that laws need to be passed to provide some relief. Proactive employers will understand that while passage of an “anti-bully” law will create a new basis for monetary damages, it will not solve the problem. Instead, managers and supervisors should receive training (and refresher training) on how to manage effectively without the use of “bullying” tactics.