According to the Workplace Bullying Institute (WBI), an estimated 48.6 million Americans, or about 30% of the workforce, are bullied at work. That means millions of Americans go to work in fear, spending most of their week in a hostile work environment due to workplace bullying.
If you or someone you know is a victim of workplace bullying, keep reading to learn what legal options may be available, and at what point the bullying creates a hostile work environment.
In this Article:
- Definition of Workplace Bullying
- When is Workplace Bullying Illegal?
- How to Prove a Hostile Work Environment
- Impact of Workplace Bullying and Hostile Work Environment
- What to Do if You Can’t Sue for Workplace Bullying
- Contact an Employment Lawyer
- Workplace Bullying: Frequently Asked Questions (FAQs)
Definition of Workplace Bullying
Workplace bullying refers to repeated, unreasonable actions by an individual or group aimed at intimidating or harming another employee or group of employees. This behavior can often involve an abuse of power involving a manager but can also occur among colleagues.
A work bully’s goal is to humiliate, degrade, or offend their target, sometimes in front of others. Workplace bullying poses serious risks to employees’ health and safety. A study by the National Institute of Occupational Safety and Health (NIOSH) found that a quarter of over 500 companies studied reported instances of bullying including unwarranted criticism, exclusion, social isolation, or even public humiliation.
Examples of Bullying in the Workplace
Work bullies may be overt with their harassment using tactics like name-calling, stalking, or physical aggression to terrorize their target. But often, the bullying is more subtle. Here are some examples of bullying behaviors often seen at work:
- Ignoring or “forgetting” to invite someone to meetings.
- Excluding individuals from conversations, decisions, or events.
- Withholding or distorting information for personal gain.
- Diverting attention by feigning ignorance or canceling meetings.
- Undermining work to hinder progress or success.
- Criticizing work unfairly to damage self-esteem.
- Using guilt or shame to manipulate and diminish self-worth.
- Setting unattainable expectations to ensure failure.
- Altering responsibilities to disrupt work and purpose.
- Creating division by pitting people against each other.
When is Workplace Bullying Illegal?
As damaging as workplace bullying can be, the sad fact is that it is not illegal on its own. Even if the person bullying you has created a toxic work environment, it is not considered unlawful according to employment laws unless it’s related to your protected class.
The law considers harassment a form of discrimination if it occurs due to protected class such as race, color, gender, disability, sex, religion, national origin, sexual orientation, gender identity, military status, or immigration status.
Harassment in the workplace related to protected class creates a hostile work environment that is illegal and actionable. This type of bullying may look like:
- Moving a walking device to a place you cannot reach.
- Using racial slurs if you made a mistake.
- Telling you that you cannot sit with your coworkers at lunch because you were born outside the U.S.
- Making fun of you because you are gay.
- Refusing to address you by your preferred gender pronouns after transitioning.
How to Prove a Hostile Work Environment
Employers who create or allow a hostile work environment are breaking the law, and employees who are victims of such an environment may be able to sue their employers. You will need to show that your employer knew or reasonably should have known about the harassment and that they did not take the appropriate action to interfere.
But first, there must be proof such as emails, messages, or recordings. But this is much easier said than done. Proving that your work environment is hostile means proving that it’s not just workplace bullying but is related to your protected class. It’s easy for a bully to deny that the harassment had to do with some other reason.
To sue an employer for a hostile work environment, there must be evidence showing that the discriminatory conduct was:
- severe
- frequent, not just once or twice.
- humiliating or physically threatening
- unreasonably interfering with the employee’s work performance
Filing a Charge of Discrimination
Before an employee can sue their employer for a hostile work environment, a charge of discrimination must be filed with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR) if you work in Illinois. If you have a lawyer, they will file the charge for you. You must file a charge and be granted the right to sue before you can formally file a lawsuit against your employer.
Impact of Workplace Bullying and Hostile Work Environments
Being bullied at work is unacceptable. But to be bullied due to your protected class is criminal. The effects of a toxic work environment can be extreme for a victim. They may become preoccupied with avoiding the bully and managing the situation, leading to feelings of isolation and helplessness. Victims of a work bully may experience:
- physical health issues
- mental health issues
- stress
- depression
- anxiety
- low self-esteem
- sleep disturbances
- difficulty
Workplace bullying and toxic work environments affect more than just the victim. It can also affect coworkers who witness the harassment and the company’s overall morale. Productivity may decrease while absenteeism may increase.
What to Do if You Can’t Sue for Workplace Bullying
Everyone deserves to show up to work without having to worry about an adult bully who should know better. If you can’t prove that you are being bullied due to your protected class, you should still report the harassment to your human resources department (HR).
If your manager or boss is the bully, it’s understandable that it may be intimidating to report them. But know that you deserve better and it’s always best to have a record of the abuse. That way if the abuse escalates to discrimination or some other employment violation such as wage theft or unlawful retaliation, you have evidence to show a pattern.
Contact an Employment Lawyer
Don’t let your work bully have the last word. It is never ok to make fun of or isolate someone for their skin color, age, gender identity, or any other protected class. These traits are “protected” for a reason — because our differences make us stronger. Employers should prioritize celebrating these differences and are responsible for ensuring every employee feels safe at work.
If your employer has failed to protect you from workplace discrimination from a bully, they must be held accountable. An employment lawyer can help you fight for what you deserve and be compensated for damages caused by a hostile work environment.
For a FREE case review with one of our expert employment lawyers, call (312) 600-6000 and find out why thousands say… Larry wins!
Workplace Bullying: Frequently Asked Questions (FAQs)
Here are a few frequently asked questions regarding workplace bullying.
How long do I have to report an employer for a hostile work environment?
Typically, you have 180 days from the day the bullying took place to report an employer for discrimination. In some circumstances, this time limit may be extended but it’s best to file a charge as soon as possible e.
Do I need a lawyer to sue an employer?
You don’t necessarily need a lawyer to sue an employer for discriminatory bullying, but it is highly recommended. Hostile work environment lawsuits can be long and draining and may take several years before you know the outcome. Having an experienced employment lawyer in your corner will go a long way — not only for your case but for your mental health as well. Additionally, you’re more likely to settle and maximize your settlement offer with a lawyer.
Do I report a toxic work environment to both the EEOC and my local state agency?
No. You do not have to file with both, only one. If you file with your local state agency such as the IDHR, it will automatically be reported to the EEOC if it involves federal violations.
What if the workplace bullying I’ve experienced is not due to protected class?
If you’re being bullied at work but it is not due to your protected class, suing your employer is not an option for you because workplace bullying on its own is not illegal. That doesn’t mean that you should stand up for yourself, however, by speaking to your HR and making them aware of the harassment. Also, consider speaking with coworkers you trust who can look out for you and be a witness to the mistreatment in case it does escalate to discrimination.
