October is bully prevention month in the US. Long after notions of recess and chapters of life filled with near-daily rides on big yellow buses conclude, bullying does not always fade into the rearview. Efforts to limit bullying have failed to prevent the emergence and increase of cyberbullying, alongside the already long history of traditional types of bullying: verbal, physical, and emotional. There is a common association between bullying and children or teens, but adults and their places of work are not spared. The 2021 report by The Workplace Bullying Institute found that roughly 48.6 million Americans are bullied at work, and 79.3 million US workers are affected by bullying. Workplace bullying, a pervasive issue, can significantly impact an individual’s well-being and job performance. To address this issue, employees must understand their rights and the legal protections available under California Labor laws and regulations. In the text below, we will explore the nuances of workplace bullying, the rights of employees, and the legal safeguards currently in place.
What Is Workplace Bullying?
Workplace bullying encompasses various negative behaviors, influencing not just the bullier and bullied but even other components and individuals in any office or work setting. A hostile, intimidating, or unreasonably harsh work environment is usually the result of workplace bullying. Actual bullying measures or acts can come in many ways, including verbal abuse, starting, spreading, and perpetuating rumors, or persistent belittlement. Recognizing workplace bullying is the first step in addressing it. It’s essential to understand that it’s not just about being treated unfairly but being subjected to harmful, repeated, and unreasonable actions.
Your Rights as an Employee
California, although offering a range of legal protections that may provide some protections for employees facing workplace bullying, including labor law and regulations, does not have a specific labor code or law that explicitly addresses workplace bullying as a standalone issue. Here are some of the key measures and protections that can be relevant in cases of workplace bullying:
- California Fair Employment and Housing Act (FEHA): FEHA is one of the primary laws protecting against discrimination and harassment. It covers harassment based on protected characteristics like race, gender, age, disability, etc. Workplace bullying that cross into harassment, particularly when tied to these characteristics, may be actionable under FEHA.
- Occupational Safety and Health Act (Cal/OSHA): Cal/OSHA requires that employers deliver a safe and healthy work environment. While it doesn’t explicitly address bullying, severe cases of workplace bullying that create a hostile and unhealthy environment could be managed through Cal/OSHA.
- Whistleblower Protections: California protects employees who report violations of laws, rules, or regulations by their employers. If bullying at work is tied to a whistleblower situation, these protections could come into play.
- Common Law Protections: Workplace bullying may lead to claims based on common law theories, such as intentional infliction of emotional distress or negligence. These can be complex and depend on specific circumstances.
- Company Policies: Many employers have policies against bullying and harassment. While not legal requirements, violations of these policies can lead to corrective actions within the company.
Reporting Workplace Bullying
When experiencing workplace bullying, it must be reported via the appropriate channels within your organization. Many companies have policies in place to address such issues. To present the matter accurately, collecting and preserving related evidence and, when possible, getting statements from witnesses is crucial—documenting incidents, conversations, correspondence, complaints, and responses.
If bullying manifested in a particularly egregious event, like a physical altercation, you should, aside from reporting the attack at work, discuss the incident with an attorney specializing in employment law. Further, in many cases, what initially presents as or starts with workplace bullying can and frequently does cross the thin line into discrimination and harassment– but how do you discern between the two?
When Does Bullying Cross into Harassment?
Workplace bullying and harassment, although related, are distinct issues. Understanding their differences can help employees efficiently identify, address, and shut down bullying issues and get the compensation they deserve for any damages and suffering.
Bullying typically involves repeated, harmful behaviors intended to demean, belittle, or undermine a colleague. It can include insults (e.g., derogatory, racist, lude, sexist, etc.), ridicule, and social exclusion. While bullying can produce a hostile work environment, it might not always be based on legally protected characteristics, making it challenging to pursue legal action. Workplace bullying is still a valid concern and should be addressed internally through the appropriate and available avenues. However, bullying happening in the workplace may not always have a straightforward legal resolution unless it involves a “protected characteristic.”
Harassment, on the other hand, involves unwelcome behavior or actions based on certain legally protected characteristics, such as race, sex, religion, or age. Harassment can also take various forms, including verbal abuse, offensive jokes, or intimidating actions. It is paramount to note that harassment violates both company policies and anti-discrimination laws, making it a more actionable offense.
Distinguishing between bullying and harassment can sometimes be challenging, as both can result in similar adverse effects. However, harassment is linked to protected characteristics, making it a violation of specific laws. If the harmful actions you’re experiencing or witnessing are tied to protected characteristics, it may be considered harassment.
Whether you believe that you are experiencing harassment in the workplace or bullying, you should follow your company’s reporting procedures. Documenting the incidents is crucial, as this can be valuable evidence. If your employer does not address the issue, you can and have the right to file a complaint with the California Department of Fair Employment and Housing (DFEH) or seek legal counsel.
By recognizing the distinction between bullying and harassment, you can better determine the appropriate course of action, ensuring that your rights and well-being are protected. If you are unsure whether your experience constitutes workplace bullying, discrimination, or harassment, it’s advisable to consult with an employment attorney who can provide guidance based on your specific situation.
The Role of an Attorney
If your complaints are not addressed, or the bullying continues, it may be time to consult an employment attorney. An attorney can also assist in determining if a matter of workplace bullying is pervasive enough or coming in a repeated form that may still warrant legal recourse. For example, suppose your supervisor or employer is bullying and intimidating you to get something they want. In that case, especially if they are trying to get you to do something illegal, you may meet the criteria to seek legal action despite the situation not involving a protected characteristic. Cases involving workplace bullying, discrimination, and harassment are incredibly complex and delicate matters requiring extensive practice and knowledge of state and federal regulations. These professionals specialize in labor laws and can steer you through the legal steps to protect your rights and well-being. They can assist in filing a formal complaint, ensuring that your employer adheres to the law.
Addressing Retaliation When Reporting Workplace Bullying or Harassment
It can be daunting to speak up about workplace bullying or harassment, but it is vital to remember that you have rights and options available to you. Retaliation, or punishment for reporting harassment, is illegal under California law. If you choose to file a complaint with the California Department of Fair Employment and Housing (DFEH), they will investigate the matter on your behalf. If necessary, you can also file a lawsuit against your employer. Remember, you are standing up for yourself and others who may be experiencing similar mistreatment in the workplace. You are not alone, and resources are available to support you in navigating this difficult situation.
Seeking an Employment Attorney: Addressing a Turbulent Workplace
Workplace bullying is a critical issue that can profoundly affect your professional life. California provides comprehensive legal protections for employees, ensuring that everyone can work in a safe and non-hostile environment. It is essential to recognize your rights and take action against bullying, discrimination, or harassment. If you’re experiencing harassment or bullying and need guidance on identifying the type of misconduct, your legal rights, and possible rights violations, we urge you to consult with a qualified and experienced California employment lawyer who can offer a confidential and free consultation, as well as assist you throughout the process to protect your rights.
