Guide to Workplace Bullying Laws

Although certain actions may appear as innocent teasing or jokes initially, various behaviors can constitute workplace bullying, an increasing concern in modern workplaces. A recent survey by the Workplace Bullying Institute (WBI) found that 30% of U.S. workers reported being bullied at work (up from 17% just four years ago). That’s an estimated 48 million workers experiencing bullying in professional settings. Fortunately, various measures can protect workplace culture from fostering or ignoring bullying and harassment. Before implementing such measures, it’s important to understand the facts about workplace bullying.

What Qualifies as Bullying in the Workplace?

“Workplace bullying refers to the repeated, health-harming mistreatment of an employee by one or more perpetrators. It is abusive conduct that takes the form of verbal abuse; or behaviors perceived as threatening, intimidating, or humiliating; work sabotage; or in some combination of the above,” according to the Workplace Bullying Institute.

What is an example of bullying in the workplace?

• Unwarranted criticism or blame assignment
• Exclusion or social isolation
• Withholding necessary resources or information
• Spreading false information
• Claiming credit for others’ work
• Intimidating or threatening conduct

Various examples of bullying exist, from abusive language to other forms of verbal misconduct. Notably, the transition to remote work during the pandemic did not reduce workplace bullying, with the WPI finding 43% of remote workers either experiencing or witnessing bullying of colleagues.

What is the Difference Between Workplace Bullying and Harassment?

Bullying becomes harassment when directed at someone due to protected characteristics such as race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, age, disability, or genetic information (including family medical history) and becomes illegal when proven as such. Harassment is generally described as unwelcome conduct or behavior directed toward an individual that appears to be disturbing, upsetting, or threatening. Harassment is intentional, repetitive, and can include physical elements.

Information spreads quickly, and workplaces tolerating bullying rapidly become undesirable to employees, resulting in increased absenteeism, decreased morale, and reduced performance. Such toxic environments also increase the costs associated with recruiting and retaining quality employees.

In fact, in a study of 800 managers and employees in 17 industries who experienced bullying, 48% of respondents intentionally decreased work effort and 63% lost work time avoiding hostile situations (Harvard Business Review).

Understanding bullying and implementation of preventive measures is crucial for maintaining a healthy, safe workplace.

The Many Forms of Bullying

Bullying often begins with subtle acts of incivility—minor violations of respect that accumulate over time to create hostile environments. Early warning signs must be identified and addressed promptly.

Bullying exists beyond verbal forms, and digital platforms, including organizational chat systems, provide virtual avenues for creating hostile work environments. The Workplace Bullying Institute 2020 Survey found that 30% of workplace bullying involved cyberbullying tactics. Research suggests bullying typically stems from poor workplace culture and organizational fear of failure.

Management roles can be part of the issue. The WBI survey revealed most bullying originates from management positions, though it can occur between colleagues or even originate from external sources such as customers or clients. Silence often surrounds bullying incidents. Fear of termination, retaliation, or inaction allows inappropriate behavior to continue unchecked.

Behaviors that Create an Unhealthy Work Environment

According to workplace experts at Tesseon, four categories of unhealthy behaviors can create hostile work environments:

• The Negative Presence– expressing constant dissatisfaction, criticism, defensiveness
• The Superior Entity–excessive self-promotion, comparison-making, public undermining of others
• The Non-participant–withholding input, consuming time ineffectively, avoiding direct communication
• The Confrontational Element–displaying volatility, authoritarian behavior, emotional manipulation

How to Prove an Employee is Creating a Hostile Work Environment

A hostile work environment, in employment law, describes circumstances where continuous harassment, discrimination, or intimidation impede job performance. Such environments can include inappropriate communication, unwanted physical contact, suggestive commentary, offensive visual materials, and other conduct causing discomfort or offense. Additionally, hostile environments develop when management participates in such activities and others’ involvement becomes an employment condition. Immediate investigation and corrective action regarding bullying and harassment claims are essential to avoid workplace hostility.

• To prove hostile work environment conditions, document:
• Specific incidents with dates, times, and locations
• Witnesses to the behavior
• Any communication related to the incidents
• Impact on work performance and well-being
• Previous reporting attempts and responses
• Pattern of behavior over time

Effects of Workplace Bullying

Workplace bullying impacts extend broadly, affecting both individuals and organizations. Mental health concerns such as anxiety, depression, and panic attacks commonly occur among affected individuals. These issues lead to increased absences and productivity decline. Additionally, bullying cultures create negative environments, increasing employee turnover and complicating talent acquisition.

Workplace Violence and Inappropriate Conduct

While workplace violence often relates to criminal acts, it can emerge from harassment, bullying, threats, and intimidation.

According to the Occupational Safety and Health Administration (OSHA), nearly 2 million American workers report workplace violence annually, with many cases unreported. Fatalities from violence and injuries by colleagues increased to 849 in 2022, an 11.6% rise from 2021 (761). Homicides represented nearly 62% of fatalities, with 524 deaths, an 8.9% increase from 2021.

Inappropriate conduct can create hostile and unsafe conditions throughout organizations. Insufficient management response to bullying allows escalation of inappropriate behavior, potentially leading to physical confrontations. Recognition of bullying indicators and early intervention are crucial.

Workplace Bullying and Harassment Laws for Consideration

While no specific federal law addresses bullying directly, when targeted individuals belong to protected groups, bullying becomes harassment, potentially resulting in legal consequences.

David Yamada, JD, a law professor at Boston’s Suffolk University and employment law expert who has authored anti-bullying legislation adopted by several states, notes, “Current understanding of workplace bullying parallels sexual harassment awareness thirty years ago: The terminology was emerging, but legal protections weren’t considered until the harmful impacts became clear.”

Workplace Anti-Bullying Legislation by State

No federal law specifically targets workplace bullying, but the Equal Employment Opportunity Commission (EEOC) establishes that workplace harassment protection falls under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA). Regarding early intervention in bullying situations before escalation to harassment, certain states have initiated preventive measures.

The Workplace Bullying Institute has provided the Healthy Workplace Bill (HWB) and it has been introduced into 32 state legislatures. Bills remain active in the legislatures of Massachusetts, New York, and West Virginia, though no states have enacted it into law. Several states and territories have implemented laws protecting workers from bullying and harassment through required training and prohibited actions.

State and Regional Laws

• California
  Mandates workplaces with 50 or more employees to include abusive conduct training within existing harassment prevention training.
• Tennessee
  Enacted “Healthy Workplace” legislation in 2015 encouraging anti-bullying policy adoption, providing liability protection regarding mental anguish claims.
• Puerto Rico
  Implemented “Act to Prohibit and Prevent Workplace Harassment” (House Bill 306) in 2020, addressing abusive workplace conduct.
• Utah
  Established law in 2015 requiring state agency training on abusive conduct prevention, including definitions, consequences, and grievance procedures.

How to Report Bullying at Work?

When reporting bullying:

1. Document all incidents thoroughly
2. Report to immediate supervisor or HR
3. Follow organizational reporting procedures
4. Maintain copies of all communications
5. Keep detailed records of any retaliation

How Do You Deal with a Workplace Bully?

Individual strategies for dealing with workplace bullies include:

• Maintaining professional demeanor
• Setting clear boundaries
• Documenting all interactions
• Building support networks
• Seeking appropriate assistance
• Following organizational protocols
• Preserving work-related communications

Collective Strategies to deal with workplace bullying

Regular Training Implementation

Training programs must address workplace bullying through practical scenarios, with regular refresher courses addressing emerging challenges. Content should be tailored to organizational roles, ensuring appropriate prevention and response strategies.

Support Systems Development

Organizations must establish multiple reporting channels, including anonymous options. Mental health partnerships provide confidential support, while internal networks facilitate experience sharing and coping strategies.

Management Accountability

Clear guidelines must outline intervention protocols, with anti-bullying metrics in performance evaluations. Specialized training enhances management’s ability to prevent and address workplace bullying.

Organizational Engagement

Multiple communication channels should encourage transparent dialogue, while regular evaluation guides program effectiveness. Prevention initiatives promote organization-wide participation in anti-bullying efforts.