In a written analysis on the matter, Volpe and Reiter expounded on the potential lawsuit, saying that employers can face lawsuits connected to bullying if the harassment involved a victim’s race, religion, sexual orientation or disability. Claims can be made for harassment, infliction of emotional distress and negligent supervision.
“Even if the Dolphins were unaware of Incognito's alleged behavior, which may be the case, the organization could still face claims of liability,” they said. Volpe and Reiter added that there have also been reports that coaches instructed Incognito to “toughen up” Martin, which could show the team did have knowledge about the harassment.
This article was reprinted in several publications including: ABC News, The Washington Post, CBS Miami and NBC South Florida on November 14, 2013, and Bloomberg Businessweek and Yahoo!Finance on November 15, 2013. Multiple other sources also featured Volpe and Reiter’s quotes.