Is Bullying in the Workplace Illegal?: Workplace bullying and the law

It can be difficult to know what to do when you’re being bullied at work. You might not even realize that what’s happening to you is actually considered bullying. In this blog post, we will discuss the definition of workplace bullying, and outline your options for protecting yourself from it.

Is Workplace Bullying Illegal?

Most people think of bullying as something that happens to kids in school. But bullying doesn’t just happen to children – it can also happen to adults in the workplace. Workplace bullying is a form of harassment that can make going to work every day a nightmare. If you’re being bullied at work, you might be wondering if it’s actually illegal.

Unfortunately, there is no federal law that specifically outlaws workplace bullying. However, this doesn’t mean that there are no legal options available to victims of workplace bullying. Depending on the circumstances, workplace bullying may be considered a form of discrimination or harassment under state or federal law.

For example, if the bully is singling you out because of your race, gender, religion, or another protected characteristic, it may be considered illegal harassment under state or federal anti-discrimination laws. Additionally, if the bullying is so severe that it creates a hostile work environment, it may also be considered illegal harassment.

What is Workplace bullying?

Workplace bullying is repeated, unreasonable actions of an individual or a group, directed towards a worker or group of workers. It can involve an abuse or misuse of power by taking advantage of someone who is weaker or in a more vulnerable position. Bullying in the workplace can take many forms, including physical, verbal, emotional, and psychological abuse.

Workplace bullying can have a devastating effect on victims. It can cause them to feel isolated, anxious, stressed, and depressed. In some cases, it can even lead to suicidal thoughts and behaviors.

What is the Difference Between Bullying and Harassment in the workplace?

The line between bullying and harassment in the workplace can be blurry. Both involve mistreatment of employees by their superiors or colleagues. However, there are some key distinctions between the two.

Harassment is a form of discrimination that is prohibited by law. It includes any unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information.

Bullying, on the other hand, is not protected under federal law. This means that your boss can yell at you, criticize your work harshly, and make unreasonable demands without crossing the legal line into harassment – as long as they’re not doing so because of your membership in a protected class.

Protected Classes

There are several protected classes under federal anti-discrimination law, including race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, and genetic information.

Some states also have laws that protect additional classes, such as sexual orientation and gender identity. If you’re being bullied at work because of your membership in a protected class, then it may be considered harassment.

For example, if your boss is constantly yelling at you and criticizing your work in front of others because you are pregnant, that would likely be considered harassment.

On the other hand, if your boss yells at everyone equally and makes unreasonable demands of all employees regardless of their protected status, then it’s not illegal – even if it’s still unpleasant.

The Differences Between Workplace Bullying And A “Hostile Work Environment”

It’s important to understand the difference between workplace bullying and a “hostile work environment.” A hostile work environment is created when an employee is subject to unwelcome harassment that is severe enough to affect their ability to do their job.

While workplace bullying can create a hostile work environment, not all instances of workplace bullying will meet this legal definition. For example, if you are simply having disagreements with your co-workers or boss, this would not be considered a hostile work environment.

Additionally, a single incident of harassment (such as one instance of physical violence) can create a hostile work environment, even if the incidents are not severe or frequent.

Workplace Sexual Harassment vs Workplace Bullying

It is also important to distinguish between workplace sexual harassment and workplace bullying. Workplace sexual harassment is a form of discrimination that is prohibited by law.

Workplace sexual harassment can occur between co-workers, or between an employee and their supervisor. It can also occur between an employee and a client or customer of the company.

  • Some examples of workplace sexual harassment include:
  • Unwelcome comments or jokes about someone’s sex life
  • Unwanted touching or kissing
  • Repeated requests for dates after being told no
  • Displaying sexually explicit pictures or videos in the workplace
  • Making threats or taking retaliatory action if someone refuses to comply with sexual demands

While workplace bullying can create a hostile work environment, not all instances of workplace bullying will meet the legal definition of workplace sexual harassment.

For example, if you are simply having disagreements with your co-workers or boss, this would not be considered workplace sexual harassment. Additionally, a single incident of harassment (such as one instance of physical violence) can create a hostile work environment, even if the incidents are not severe or frequent.

It is also important to note that workplace sexual harassment does not have to be of a sexual nature.

For example, making demeaning comments about someone’s sex life would be considered workplace sexual harassment, even if the comments are not specifically about the person’s own sex life.

So, in order to determine whether or not you are being sexually harassed at work, it is important to consider the severity and frequency of the incidents, as well as whether or not they are of a sexual nature.

If you believe that you are being sexually harassed at work, it is important to take action immediately. You should report the incident(s) to your boss or HR department, and keep a record of what happened (including dates, times, and witnesses).

You may also want to consult with an attorney to discuss your legal options.

Reasonable management action vs Workplace Bullying

It is also important to distinguish between reasonable management action and workplace bullying. 

Reasonable management action is when your boss or supervisor takes actions that are necessary for the running of the business. In as much as this may sometimes be unpleasant, it is not classified as workplace bullying.

An example of reasonable management action would be if your boss asks you to work late shifts or on weekends, or if they give you a written warning for being late to work.

Also, if you are not performing your job well, your boss may give you a warning or put you on a performance improvement plan. These would be considered reasonable management actions and would not be considered workplace bullying.

Workplace bullying, on the other hand, is when your boss or co-workers take actions that are not related to the running of the business and are intended to harass or intimidate you.

Some examples of workplace bullying include:

  • Making demeaning comments about your work or performance
  • Yelling at you or otherwise engaging in aggressive behavior
  • Excluding you from work-related activities
  • Setting unrealistic deadlines or giving you too much work to do
  • Constantly criticising your work;
  • micromanaging your every move; and
  • belittling or humiliating you in front of others.

So, in as much as one is protected from workplace bullying and harrasment, the law offers no protection against reasonable management action. With this in mind, it is essential to have a clear understanding of your rights in the workplace, as well as what constitutes reasonable management action.

Are there Anti Bullying Laws?

While there is no federal law specifically outlawing workplace bullying, there are a number of state laws that address the issue. These laws vary from state to state, but most of them focus on preventing bullying in schools. A few states, including California, Colorado, and Tennessee, have passed laws specifically addressing workplace bullying.

Under these laws, employers are required to take action to prevent and address bullying in the workplace. Additionally, victims of workplace bullying may be able to file a lawsuit against their employer if they can prove that the employer knew about the bullying and did nothing to stop it.

What states have anti-bullying laws?

The following states have passed laws specifically addressing workplace bullying:

  • California
  • Colorado
  • Connecticut
  • Delaware
  • Illinois
  • Maine
  • Maryland
  • Massachusetts
  • Nevada
  • New Hampshire
  • New Jersey

In addition to these states, a number of other states have considered passing similar laws. However, these laws have not been passed yet. If you live in one of these states, you may be able to contact your state legislator and voice your support for the passage of an anti-bullying law.

What employees should do if they’re bullied or harassed at work

If you’re being bullied at work, it’s important to remember that you have rights. You don’t have to put up with abuse from your boss or co-workers. There are a number of things you can do to protect yourself from workplace bullying.

  • First, you should keep a record of the incidents of bullying. This can be difficult if the bullying is happening online, but it’s important to save any emails, texts, or social media messages that contain abusive language. Additionally, you should keep a journal detailing when and where the incidents occurred, as well as any witnesses who may have seen what happened.
  • Second, you should talk to your bully and try to resolve the issue directly. If this isn’t possible or if the bullying continues, you should report the incidents to your HR department or supervisor.
  • Finally, you should consult with an experienced employment lawyer to discuss your legal options. If you have been the victim of workplace bullying, you may be able to file a lawsuit against your employer.

Can you Sue for Workplace Bullying?

If you’re considering filing a lawsuit for workplace bullying, there are a few things you should keep in mind.

  • First, you will need to prove that the bullying occurred. This can be difficult (but not impossible) if the bullying happened online or if there are no witnesses to the incidents.
  • Second, you will need to show that the bullying was severe enough to create a hostile work environment. This can be difficult to prove, but it is important to remember that even one instance of physical violence can be considered severe enough to create a hostile work environment. Finally, you will need to show that your employer knew about the bullying and did nothing to stop it.
  • Thirdly, if bullying and bullying incidences were pegged on the victim’s race, religion, disability, sex (including pregnancy), age (40 or older), national origin, or genetic information – it then becomes a form of discrimination which is also against the law.

Who to Sue for Workplace Bullying

If you decide to file a lawsuit for workplace bullying, you will need to choose who to sue. In most cases, you will sue your employer. However, there are some circumstances in which you may be able to sue an individual co-worker or supervisor.

Conclusion

Workplace bullying is a serious problem, but you don’t have to suffer in silence. If you’re being bullied at work, there are a number of things you can do to protect yourself. Keep a record of the incidents, talk to your bully, and consult with an experienced employment lawyer to discuss your legal options. You may be able to file a lawsuit against your employer if the bullying is severe enough to create a hostile work environment.

This is a difficult and scary time for everyone, but remember that you have rights and you are not alone. 

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