Workplace Bullying Laws For A Safer Work Environment
The workplace can sometimes be a toxic environment. You might sometimes form lasting bonds and make new friends or acquaintances at work. However, in some situations, the people you work with can become bullies.
For example, they might mistreat you verbally, try to get you into trouble or sabotage your work. If this has happened to you, your workplace might suddenly feel like middle school again, full of immature behavior and cliques. It might feel difficult to work under these hostile conditions. Hostile working conditions can even lead to PTSD from bullying in some individuals. If the bully is your boss, knowing what to do can be especially challenging.
How common is workplace bullying? Is there anything you can do about it without having to quit your job? In this article, we’ll delve into workplace bullying laws and provide information on what you can do about bullying in the workplace.
Are there any laws against workplace bullying based on national origin, race, color, or sex?
Workplace bullying laws
In addition, 31 states have enacted the Healthy Workplace Bill (HWB). The HWB goes further than the federal laws against workplace discrimination against classes of people, recognizing that hostile workplace situations affect many people who deserve legal safety against this type of harmful behavior on the job. If a workplace bully has wronged you, consider consulting an attorney and asking about the laws in your state.
Title VII of the Civil Rights Act of 1964
According to Title VII of the Civil Rights Act, employees and job applicants are shielded from bullying as a form of harassment, provided that the harassment is based on national origin, sex, religion, and color categories.
Documentation for taking legal action
Taking legal action can be easier if you maintain documentation of the offenses through a journal or series of memos. For example, documentation could include sending an email or note to someone in the human resources department, a trusted co-worker, or a supervisor. Writing a description of each incident in a notebook is another important way of documenting mistreatment at work. You can write down as much information about each incident as possible, including details about what happened, the time, the date, the location, and anyone who might have witnessed it. Written documentation provides a paper trail for supporting your claim of bullying and taking legal action.
What constitutes bullying?
The general definition of workplace bullying is malicious, unwanted, and repetitive behavior targeting an individual. Bullying can include written, verbal, and physical acts that create a hostile, offensive, humiliating, or intimidating workplace environment that interferes with a person’s ability to perform their job normally.
Who are the bullies?
In some cases, bullies hold positions at work that are senior to the people they target. Still, workplace bullying can happen between co-workers of equal rank and between workers and other people who frequent the workplace, such as customers and vendors. A bullying supervisor may threaten with disciplinary action or termination to keep their target from standing up to them. They also might blame the other person when something negative happens or undermine their work achievements.
Some reasons for bullying
Individuals can become bullies for several reasons. For example, they might struggle with insecurity or deep feelings of fear or self-doubt. They also might have endured past abuse or been bullied by others. However, there is no excuse for bullying, and you deserve to feel safe and valued in your workplace.
Are specific jobs more prone to bullying?
If someone is bullying you at work, you are not alone. A recent meta-analysis of studies shows an estimated 11% of workers have experienced workplace bullying. Furthermore, a 2016 survey of 2,000 workers showed that 58% of respondents had experienced or witnessed workplace bullying.
Work environment types with higher bullying rates
Some jobs are more prone to workplace bullying. For example, the healthcare, education, and service industries tend to have higher rates of reported bullying than other employment sectors, according to a 2013 survey. These work environments include potentially stressful situations, hierarchies of power in which supervisors work in close contact with subordinates, and frequent communication with patients, students, and patrons. However, bullying can occur in any industry and workplace.
Physical and mental effects of workplace bullying
Experiencing ongoing bullying at work, especially a full-time job over a long period, can severely impact your health. Effects can include:
- Excess stress: Stress from bullying can lead to physical and mental health problems, reducing workplace performance.
- Fear of going to work: Instead of being able to focus on doing well at your job, you may wake up dreading your next shift or meeting and may be preoccupied with negative thoughts about work when you come home.
- Sleep problems: You may struggle to fall asleep as you reflect on incidents and fear what might happen next.
- Post-traumatic stress disorder (PTSD): Working in an environment that fosters bullying or abusive behavior can leave emotional scars. You might even look back on a previous work environment and wonder how you could remain as long as you did.
- Other psychological symptoms: Panic attacks, anxiety, depression, and mood swings might result from being targeted by a bully at work. Your body and mind tend to respond to attacks. Experiencing ill effects from bullying is not a sign of weakness but a sign that you are enduring something real and damaging.
If you are experiencing trauma, support is available. Please see our Get Help Now page for more resources.
Preventing workplace bullying in the future
If you decide to leave your job due to workplace bullying, you may wonder whether a new workplace will be any better. A few key steps might help you avoid moving from one bad situation to another.
First, consider consulting a professional to determine what went wrong in your previous work environment. For example, was the problem excessive competition among co-workers, a cruel boss, or humiliating behavior in meetings? You might try to identify what traits you would like to see in a workplace instead, such as a collaborative atmosphere, a flexible and communicative boss, or a reliable human resources presence. Then, you can look up potential workplaces on the internet for reviews that indicate what the working environments are like. This information may help you feel prepared for job interviews. Below are some pertinent topics you might address during an interview:
- Ask why the last person left the job and how long they were employed. There are many reasons why someone may quit their job, but if the employer dodges the question, this could indicate a dysfunctional workplace.
- Ask about what policies the company takes to handle workplace bullying. If they have no specific guidelines, they might not be able to adequately address your concerns. A lack of clear policy is not necessarily a reason to turn down a job, but you might want to ask follow-up questions about the workplace environment first.
- If you feel comfortable doing so, explain your previous work environment and what issues led you to leave. You might let the potential employer know that you want to work in an environment that keeps workers away from workplace bullies. However, you might try to avoid the urge to gossip about your previous employer, as doing so may reflect poorly on your trustworthiness to a potential employer.
Seeking help for bullying
You don’t deserve bullying. If you are experiencing it at work, you can take several actions, including contacting human resources or a supervisor, considering a different workplace or job opportunity, hiring an attorney, or pursuing therapy.
Therapy for people who experienced bullying, harassment, or discrimination
Professional therapists can use various types of therapy to help people who have experienced bullying, harassment, or discrimination in the workplace. These include cognitive behavioral therapy (CBT), eye movement desensitization and reprocessing (EMDR), and solution-focused therapy (SFT). In many cases, therapists can utilize these treatments through online consultations with their clients.
Effectiveness of online therapy
Several research studies have found that online therapy can be as effective as seeing a therapist in person. In addition, online treatment might be more convenient because you can connect with a therapist anywhere you have an Internet connection. For example, therapists at BetterHelp can connect with you via video chat, phone, and in-app messaging. This may prove helpful when it comes to discussing challenging emotions related to bullying.
Takeaway
Workplace bullying is a common problem that can leave you feeling overwhelmed. It can also lead to mental health problems, such as anxiety, depression, and PTSD, as well as sleep disturbances and lowered work performance.
No one deserves bullying at work. If you are experiencing workplace bullying, you might keep notes of every incident, tell trusted co-workers and supervisors, and consider consulting an attorney about federal and state laws that defend you. In addition, consider talking to a therapist who can help you cope and make wise decisions about your future. Whatever type of bullying you’re experiencing, you don’t have to face it alone. Take the first step toward healing from bullying and reach out to BetterHelp.
Read more below for answers to questions commonly asked about this topic.
What are the fundamental aspects of anti-bullying policies and procedures?
Anti-bullying policies and procedures define what behavior constitutes bullying and is unacceptable under the policy. Workplace bullying policies commonly include the following behaviors as unacceptable:
- Verbal Bullying. Insulting or ridiculing another person or their family, including name-calling, intentional humiliation, offensive remarks, or other verbal abuse.
- Physical Bullying. Pushing, hitting, kicking, or physically intimidating a coworker.
- Gesture Bullying. Nonverbal gestures or expressions that appear to threaten another person.
- Exclusion. Socially or physically preventing a person from participating in work-related activities.
What are the three R's of bullying prevention?
The three R’s of bullying prevention refer to the phrase “recognize, respond, and report.” The phrase was commonly used to describe the steps to take when a teacher or caretaker discovers evidence of child abuse. It was further employed to address bullying among elementary, middle, and high school students. The phrase is now becoming common in workplaces, and human resource departments will likely continue taking note.
Recognizing bullying means knowing what behaviors are acceptable, as outlined by an organization's anti-bullying policy. It is important that employees know where the line is drawn between friendly encounters and potentially offensive actions. The policy may also have specific things an employee should do to respond to bullying, whether they feel attacked personally or recognize a coworker being victimized by a bully. Most workplaces with an anti-bullying policy require that all instances of bullying be reported to ensure that the problem can be addressed before it grows.
What are examples of anti-bullying policies?
Anti-bullying policies usually explicitly define what behaviors constitute bullying and make a clear statement that it is not acceptable. They also often define who can be a bully, commonly indicating that supervisors and managers are not exempt from the policy. The policy might differentiate between bullying and illegal activities or otherwise define what separates bullying from harassment.
Policies usually also have a section that defines a person’s rights and responsibilities if they witness bullying or are a victim of it. Abusive conduct is generally addressed quickly and firmly, and the policy may outline consequences for bullying behavior. In many cases, bullying is not legally actionable in the same way as federally defined workplace harassment. It is often up to the organization to determine appropriate interventions. Many organizations rely on their policy to identify preventative or corrective opportunities.
One real-life example is the University of Mary Washington workplace bullying policy. The policy clearly defines bullying, differentiating between single occurrences and repeated behaviors. The policy also contains instructions for employees who believe they are being bullied and their supervisors.
Which civil rights act requires workplaces to adopt policies that prevent bullying?
There are no federal requirements for workplaces to adopt anti-bullying policies. However, there are federal laws which prohibit harassment in the workplace. It is important to remember that bullying and harassment are not the same thing. Bullying is generally defined as unwelcome behavior that is meant to intimidate, belittle, or otherwise harm a person who feels powerless to respond. In contrast, harassment is better defined and legal action can be taken to remediate instances of harassment, which is not always possible with bullying.
Harmful conduct or harassment based on national origin, sex, race, color, and other categories
Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990. It is defined as unwelcome conduct based on one or more of the following categories:
- Race
- Color
- Religion
- Sex
- Sexual Orientation
- Gender Identity
- Pregnancy
- National Origin
- Older Age (over the age of 40)
- Disabilities
Bullying that is based on one of the categories likely constitutes harassment and may be legally actionable. Harmful conduct not based on those categories may not be able to be addressed in court and is typically handled by the employer. Employees concerned they may be victims of harassment can file a report with the organization that enforces federal employment law, the Equal Employment Opportunity Commission.
Are workplace bullying laws or anti-bullying policies effective?
There is some evidence to suggest that workplace anti-bullying laws or policies and intervention programs can effectively reduce instances of bullying and improve workplace culture. However, data is limited, and additional research is required before the effectiveness of anti-bullying policies can be determined. Current research indicates that even well-written policies can fail if poorly implemented. Organizations likely need to establish a culture of interpersonal respect, which is more challenging than simply adopting a new policy. A culture of respect likely involves encouraging civility and opposing employment practices that perpetuate an environment of disrespect.
What are the objectives of anti-bullying laws in the work environment?
Anti-bullying laws typically establish a framework for addressing workplace bullying legally, require that employers establish anti-bullying policies, or both. While there are no federal anti-bullying laws, several states have enacted legislation that makes it illegal to bully anyone in the workplace, regardless of whether they are members of a protected class.
How can we reach out to others about the anti-bullying movement?
Spreading the word about bullying and its impacts is important in creating effective anti-bullying policies and developing healthy workplace cultures. You can provide anti-bullying resources, advocate for effective policies, or learn how to combat adult bullying. If you know someone who may be getting bullied at work, you could also help them understand their workplace’s policy and advocate for them to take additional steps.
Why is an anti-bullying policy important?
Research suggests that about 15% of all employees have experienced workplace bullying at some point in their lives. A hostile work environment created by a single actor or group of bullies can significantly reduce both mental and physical health. Workplace productivity is also affected, as those working alongside bullies often struggle to complete work under the burden of their aggressor.
Anti-bullying policies are the first step in reducing incivility and psychological violence in the workplace. However, anti-bullying policies alone are likely not enough to eliminate bullying problems. Evidence suggests that organizations need to instill a culture of respect before bullying can be resolved, which is substantially more challenging than simply adopting a new policy. Still, anti-bullying policies outline the framework and expectations of a supportive workplace culture.
When did the anti-bullying movement start?
The anti-bullying movement began in 1999 in response to the shootings at Columbine High School. Although an anti-bullying movement is likely required and noble, the decades since the start of the movement have demonstrated that school shootings are caused by more than bullying. While bullying remains a problem that causes harm to both children and adults, the modern anti-bullying movement was born out of fear and has led to poor interventions that do little to address the real problem. However, as research continues and the complexities of bullying become known, anti-bullying policies and interventions have likely become more effective.
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