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What is Occupational Safety and Health Act of 1970

Handbook of Research on Cyberbullying and Online Harassment in the Workplace
A federal labor law, which promotes safe and healthful working conditions in the U.S. The legislation established the Occupational Safety and Health Administration (OSHA), which determines and enforces workplace safety standards.
Published in Chapter:
(Non)existent Laws of Workplace Cyberbullying: Limitations of Legal Redress in a Digitized Market
Harrison M. Rosenthal (University of Kansas, USA) and Genelle I. Belmas (University of Kansas, USA)
DOI: 10.4018/978-1-7998-4912-4.ch020
Abstract
This chapter chronicles the legislative and jurisprudential history of workplace bullying and analyzes new frameworks for applying employee harassment laws to the digital era. Part I considers the sociolegal underpinnings of workplace harassment found in Title VII of the 1964 Civil Rights Act. The authors discuss how Title VII and its legal progeny gave way to “hostile work environment” claims. Part II discusses leading U.S. Supreme Court precedent, the creation of an affirmative defense for employers, and the limitations of that defense, including those developing in state and local jurisdictions. Part III discusses prevailing solutions and raises questions not yet addressed in the legal literature. Findings reveal that American jurisprudence is ill-set to protect or compensate workers injured by bullying—either cyber or physical.
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