If you have clients that are dealing with bullying and harassment, you need to know, not just what the law says, but also what should be happening to make it stop. After all, you can’t hold people culpable unless they reasonably could be expected to do something. Knowing what reasonable action actually constitutes, or should constitute should be the basis of any decision making.
Which means, if you are a lawyer who deals in bullying, harassment & discrimination cases, you should understand HOW exactly these behaviors can be stopped. This is a behavioral issue an behavioral scientists have known for decades what it takes to get unwanted behavior to stop. Using this information, you can help your clients, whether they are victims or administrators, do what needs to be done to get the bullying to stop. Which is the ideal outcome regardless of what side of the issue you are prosecuting.
If you are helping a victim, knowing how to get bullying to stop can help you point out all the things that the people in charge should have done but didn’t. AND, it will help you help your client by allowing you to counsel them on what to do and how to act so that they don’t get implicated themselves, and so that they at least have a chance of making it stop all while collecting the evidence you need to prosecute your case.
If you are defending a company from a harassment claim, you will know what steps to counsel your client to take that will actually work to make it stop. You will also know how to defend against charges that your client wasn’t taking adequate steps to protect the victim. You can argue this successfully if you know what is supposed to happen. And, ideally, you can help your clients avoid liability in the first place by making sure they have the right sort of training, so that they don’t just know the law, but they know how to get bullies to stop in the first place so that this sort of behavior doesn’t get so egregious it triggers a lawsuit.
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