Workplace bullying happens. When someone repeatedly mistreats an employee in a way that causes harm, that’s bullying. This can include verbal abuse, threats, intimidation, humiliation, or sabotaging work. Managers, coworkers, and even customers can engage in bullying. Unlike workplace harassment, which involves discrimination based on protected characteristics like race or gender, bullying can happen to anyone.
Common examples of workplace bullying include spreading false rumors, persistent insults, excessive criticism, and deliberately excluding someone from workplace activities. Physical threats, yelling, and manipulation can also qualify. While bullying behaviors do not always break the law, they can create a hostile work environment that affects an employee’s mental and physical health. In some cases, workplace bullying can escalate into illegal harassment or discrimination if it targets protected traits under federal or state laws.
How Workplace Bullying Can Violate Employment Laws
Workplace bullying is not always illegal, but it can break employment laws if it involves discrimination, harassment, or retaliation. If a manager or coworker targets someone based on race, gender, religion, age, disability, or another protected characteristic, it might qualify as unlawful harassment under federal or state laws. Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) protect employees from this type of mistreatment. If employers ignore or allow this behavior, they can face legal consequences.
Retaliation laws can also apply in workplace bullying cases. If an employee complains about bullying that involves discrimination or harassment and then faces punishment—such as termination, demotion, or exclusion from workplace opportunities—this may violate retaliation protections. The Equal Employment Opportunity Commission (EEOC) enforces these laws, and employees can file complaints if they believe their rights have been violated.
Employer Responsibilities in Preventing Workplace Bullying
Employers are responsible for creating safe workplaces that encourage open communication and respect. Part of that responsibility is taking reasonable steps to prevent and address workplace bullying. Even if no specific law requires it, failing to act can lead to legal liability and workplace disruption.
Employers should create and implement clear anti-bullying policies. These policies should define bullying, provide examples, and outline reporting procedures. Employees should know how to report bullying and feel confident that their concerns will be taken seriously. Employers should also train managers and employees on recognizing and preventing bullying. Training should explain what behaviors are unacceptable and how to respond when bullying occurs.
If an employee reports bullying, their employer should investigate quickly and fairly. A thorough investigation includes interviewing witnesses, reviewing evidence, and taking appropriate action. If an investigation confirms bullying, employers should enforce disciplinary measures based on company policy. Ignoring complaints or failing to take action can harm employee morale and increase the risk of legal action.
Employee Rights and Legal Protections
Employees have the right to work in a respectful environment free from discrimination, harassment, and retaliation. While no federal law directly prohibits bullying, employees have legal protections against bullying involving unlawful discrimination, harassment, or retaliation.
Employees can report bullying to their employers through internal channels, such as human resources or designated complaint processes. If the bullying involves protected characteristics like race, sex, religion, or disability, employees can file complaints with the EEOC or the Georgia Commission on Equal Opportunity’s Equal Employment Division.
If an employer fails to take action, employees can take legal action. For example, an employee might have grounds for a lawsuit if bullying leads to a hostile work environment or if they suffer retaliation after reporting misconduct. Employees who face severe emotional or physical distress from workplace bullying may also have claims related to intentional infliction of emotional distress or constructive discharge.
Contact an Employment Lawyer Now
Workplace bullying can cause serious harm to your well-being and career. If your employer has ignored the problem or failed to take action, you may have legal options. Pankey & Horlock, LLC can help you understand your rights and take the next step toward holding your employer accountable. Contact us today for a free initial consultation to learn more.