Workplace Bullying and Harassment
Key Takeaways:
- Workplace bullying generally involves repeated harassment or abusive treatment to intimidate an employee.
- Any workplace bullying should be reported to a supervisor or human resources department.
- If workplace harassment involves unlawful discrimination, workers can file complaints with the EEOC.
The workplace is where most Americans spend the majority of their time outside of the home. You shouldn’t have to work in a hostile environment where supervisors or peers repeatedly harass or abuse you. You have the right to be protected against unlawful harassment on the job.
If any bullying or harassment is related to illegal discrimination, you can file a lawsuit against your employer for financial damages. To find out more about your legal rights, talk to an experienced employment lawyer about workplace harassment.
What Is Workplace Bullying?
Workplace bullying can be similar to bullying in schools. Bullying generally involves repeated harassment or abusive treatment. Bullying behavior can target a single worker or a group of workers. It can involve isolating you from co-workers, interfering with your work, or offensive treatment. Workplace bullying generally occurs over a period of time.
Bullying in the workplace primarily comes from a supervisor or manager. However, bullying can also involve co-workers or subordinates. Many employers tolerate bullying or tell you that you are overreacting. If mistreatment is causing stress, makes you fear for your health and safety, or interferes with your work — you may be a victim of workplace bullying.
What Are Different Types of Workplace Harassment?
There can be many different forms of bullying and harassment. It can start small, with a few minor incidents of belittling or making hurtful jokes. It can ramp up to more persistent verbal abuse, harassment, and even workplace violence. Types of workplace harassment can include:
- Incorrectly blaming mistakes or poor results on you
- Intimidating or acting hostile toward you
- Gaslighting you so you doubt your own thoughts about bullying
- Discounting your thoughts and ideas
- Isolating you from others
- Sexual harassment
- Using rules that only apply to you
- Giving impossible goals or deadlines
- Disregarding or discrediting good work
Traditionally, workplace harassment occurred in offices or on worksites. However, with more remote workers, there is an increase in online bullying and harassment. Managers may have access to your personal phone number, email address, and social media accounts. They can use this to continue cyberbullying during your non-work hours.
Is Workplace Bullying and Harassment Against the Law?
If any harassment involves unlawful discrimination, it is against federal civil rights laws. Federal anti-discrimination laws and court rulings protect workers against illegal discrimination and mistreatment based on belonging to a protected class, including your:
- Race
- Religion
- Sexual orientation
- Disability
- National origin
- Gender identity
- Marital status
Workplace harassment can also amount to wrongful termination. It is also a “constructive dismissal” if your employer creates a work environment that is so intolerable that you have no choice but to quit to protect your well-being. This may violate your employment contract or state or federal labor laws.
Workplace harassment laws can vary by state. If you want to know if you can take legal action against your employer, talk to a lawyer with experience in employment law for workers.
How Should You Respond to Workplace Harassment?
If you are being bullied at work, you should file a formal complaint with your human resources (HR) representative or supervisor. If your supervisor is the perpetrator, talk to the next person in the chain of command.
Keep any notes, emails, or records of incidents of harassment. Try to mark down the times, dates, events, and if anyone else was present at the time. This includes keeping records of your payroll, performance reports, and results that contradict what the bully said about your work.
If you see another co-worker being harassed at work, you can bring it to the attention of a supervisor or HR representative. If you think harassment involves illegal discrimination, the employer may be liable for allowing workplace discrimination.
Can You File a Workplace Harassment Case in Court?
Employers should protect you from a hostile work environment. If they don’t, you may have a workplace harassment claim. This can depend on the type of harassment or abuse. If you are a victim of illegal discrimination, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).
If the EEOC does not settle the case, your lawyer can file a lawsuit against the employer for workplace harassment. Damages in a workplace harassment case can include:
- Lost income
- Lost benefits
- Back pay
- Reinstatement of your job
- Mental health damages
Find an employment law attorney near you if you have questions about your legal rights to file an employment law violation claim. An employment law attorney can review your case, tell you about your options, and help you stop the abuse.
Discriminated Against or Harassed at Work?
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