THE INTEGRATION OF BANKING AND TELECOMMUNICATIONS: THE NEED FOR REGULATORY REFORM

IS LITIGATION YOUR FINAL ANSWER? 683

Oregon among them—have introduced the bill in state
legislatures, but none has succeeded in passing it into law.^30
Opponents of the Healthy Workplace Bill primarily argue that
such legislation would negatively impact the economy and flood
the courts with frivolous lawsuits.^31
A provision in the Healthy Workplace Bill encouraging the
alternative dispute resolution (“ADR”) processes of mediation
and arbitration as potential alternatives to litigation will increase
the likelihood of its passage through state legislatures and
provide Targets with more efficient and cost-effective solutions.
Part II defines workplace bullying, examines its effects on
employers and employees, and discusses possible avenues of
relief currently available. Part III explores the text of the
Healthy Workplace Bill and its progress in various state
legislatures. Part IV discusses the use of mediation in
employment disputes and the Equal Employment Opportunity
Commission’s (“EEOC”) mediation program. Part V looks at
existing court-connected and nonprofit arbitration programs.
Reflecting upon the success of mediation and arbitration in other
forms of employment disputes, Part VI examines the potential
for inclusion of such programs in the Healthy Workplace Bill.
Adopting these measures would address many concerns of the
bill’s opponents—namely, crowding of court dockets—and
encourage its swift passage.

II. WORKPLACE BULLYING

A. Definition and Prevalence of Workplace Bullying

Bullying has received increased media attention in recent
years; however, because of its subtle nature, many have
struggled to establish a uniform definition that accurately
captures the phenomenon.^32 Nonetheless, the growing awareness

(^30) HEALTHY WORKPLACE BILL, http://www.healthyworkplacebill.org/
(last visited Apr. 5, 2013).
(^31) See Yamada, Ten-Year Progress Report, supra note 27, at 269–70.
(^32) See, e.g., Emily Bazelon, Op-Ed., Defining Bullying Down, N.Y.
TIMES (Mar. 11, 2013), http://www.nytimes.com/2013/03/12/opinion/
defining-bullying-down.html.