Bullying in the workplace – which includes yelling, insulting and belittling comments, teasing, threatening, and name-calling – often goes unchecked and overlooked. The Workplace Bullying Institute defines workplace bullying as the repeated, health-harming mistreatment of one or more persons (the targets) by one or more perpetrators. It is abusive conduct that is threatening, humiliating, or intimidating, or work interference—sabotage—which prevents work from getting done, or verbal abuse.
What the law says
Bullying among schoolchildren and cyberbullying have been widely talked about; and legislation and programs that address the problem continue to be developed. To date, there is no federal law that would definitely make workplace bullying illegal. There are laws that protect employees from being mistreated based on gender, race, age, national origin, or disability; therefore, bullying becomes illegal when it violates federal or state laws that prohibit discrimination and harassment of those in protected status. However, there is still no law that protects an employee from mistreatment where the mistreatment is not based on a protected characteristic.
Despite the lack of a comprehensive federal legislation on bullying, many states have introduced anti-bullying bills that have similar and consistent themes. Members of state legislatures have sponsored versions of the Healthy Workplace Bill and at least three states have passed laws that regulate workplace bullying: Utah, Tennessee, and California. Utah and Tennessee laws are focused on public employers. The California law applies to companies with more than 50 employees, and it requires them to train managers on preventing abusive conduct at work, even if the harassment or abuse is not based on a protected status. Abusive conduct would include verbal abuse, threats, and efforts to sabotage or undermine someone’s work performance.
The Healthy Workplace Campaign, through the bill, pushes for strong legislation that prohibits workplace bullying and protection for employees who experience abuse at work on a basis other than a protected class. The bill does the following for workers: allow them to sue the bully as an individual, hold the employer accountable, provide an avenue for legal compensation in case of health-harming abuse at work, seek restoration for lost wages and benefits, and require employers to take corrective actions and prevent future instances.
What to do if you’re bullied at work
Even if the bully is not breaking the law, it is in your employer’s best interest to address and stop bullying in the workplace. Workplace bullying has many detrimental effects such as decreased productivity, performance, and morale. Therefore, if you are being bullied at work, file a complaint with your company’s Human Resources department.
Keep tabs of all the instances of bullying. Take note of the dates, times, and those who may have witnessed the incidents. These information are necessary should there be an investigation. Keep records of how the bullying has affected you – stress, medical problems, missed workdays, etc.
In case your company does not take your complaints seriously, it is time to talk to an attorney. Contact us at Hogan Injury for expert legal advice.
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