Bullying may be a fact of life on the playground, but in the workplace it is costly and soon may be illegal.

While “bullying” specifically is not addressed in current employment laws, Title VII of the Civil Rights Act of 1964 permits relief for protected classes based on a theory of a “hostile work environment.” Federal courts have not yet extended the hostile work environment doctrine to include bullying conduct based on characteristics other than those in a protected class.

The avenue usually taken by employees seeking relief for abusive treatment in the workplace has been ...