Can a Corporation Be The Victim of Bullying? Or Suffer From A Disability?

We know that bullying in the workplace, no matter how horrible or damaging, is not by itself actionable under Title VII, or virtually every jurisdiction’s civil right laws.  Unless, however, it can be shown that the bullying was part of or based upon the victim’s protected class, i.e., bullying a co-worker because they are of a certain color, age, gender, etc.

But what about bullying a corporation? 

Huh, you rightly say.  Can that be?

A corporation is not in a protected class under the civil rights laws – at least the last time that I checked.  Although at various times the Supreme Court has declared that a corporation is a “person” for the purposes of certain constitutional protections (Citizens United) and that it can (if a close corporation) raise religious objections (Hobby Lobby), I’m not aware of a corporation making a claim or charge that it’s been bullied – either as a stand-alone claim or because of its age, race, etc.  Maybe if someone made fun of it because of its age – but I doubt it.

Until now – sort of.

According to a UK news report, the UK company Standard Life Aberdeen decided to rebrand and changed its name to Abrdn in 2021, deleting all vowels from its new name. Now it has become the sorry victim of media ridicule and mockery.  Although the news report quotes the company as saying that this changed name would create a “modern, agile, digitally enabled brand,” the media suggested that it had developed a case of “irritable vowel syndrome.”

Could this be a case of disability discrimination? 

Perhaps, but the company charged that it’s the victim of “corporate bullying.”  The CEO Stephen Bird (mocked in the press as Stphn Brd), said that “Would you do that with an individual? How would you look at a person who makes fun of your name day in, day out? It’s probably not ethical to do it. But apparently with companies it is different.”

Sorry, Stphn, but at least in the US, bullying by itself is not actionable, even if your name is made fun of (unless, perhaps, the name is associated with, for example, a protected racial or national origin class).  But for a corporation?  Nah.

Stphn, bullying is out as a civil rights claim, but maybe try disability discrimination based upon “irritable vowel syndrome,” although I’m pretty sure that “irritable vowel syndrome” would not be recognized as a disability under the Americans With Disabilities Act (ADA).