Workplace bullying and intimidation can derail careers and lead to a toxic environment at work. While this type of conduct can make the working environment unbearable and lead to higher turnover rates and reduced productivity, some employers do nothing to end it. Workplace bullying is not illegal in many cases. However, there are certain situations in which bullying in the workplace can stray into illegality and provide the basis for an employment lawsuit. If you have been the victim of this type of conduct at your job, here is some information about your rights from a workplace bullying attorney in South Jersey at the law firm of Swartz Swidler.
What Is Workplace Bullying?
Workplace bullying involves regular mistreatment of an individual at work and might take the following forms:
- Threats
- Verbal abuse
- Yelling
- Slurs
- Cussing
- Assaults
- Spreading malicious rumors
Bullying in the workplace can be physical, verbal, or nonverbal. In many cases, this type of behavior does not violate the law although it might be against company policy. Depending on the reason for the bullying behavior, however, workplace bullying can sometimes amount to illegal discrimination and harassment.
When Is Bullying at Work Illegal?
Workplace bullying is illegal when the bully engages in the conduct for an unlawfully discriminatory reason. In that situation, bullying might amount to illegal discrimination in violation of Title VII of the Civil Rights Act of 1964, the New Jersey Law Against Discrimination, or another anti-discrimination law.
Under federal and state law, workplace bullying is illegally discriminatory when it is based on the worker’s protected characteristics. Some of the characteristics that are protected against discrimination include the following:
- Race
- Religion
- Sex
- Pregnancy
- Color
- National origin
- Citizenship status
- Disability
- Age
- Genetic information
- Gender identity
- Sexual orientation
- Military status
- Familial status
If someone at work targets you for bullying because you have any of the above-listed characteristics, their treatment of you could amount to illegal discrimination and harassment under federal and state law. Bullying for an illegally discriminatory reason can amount to unlawful harassment and provide the basis for a claim against your employer.
Bullying as Illegal Harassment
Harassment is a form of unlawful discrimination based on the victim’s protected characteristics. Mistreatment can rise to the level of illegally discriminatory harassment when there is an established pattern of conduct that is pervasive enough to create a hostile work environment. A hostile work environment is one in which a reasonable person in the same situation would consider so toxic as to interfere with their ability to perform their jobs.
Bullying can also create a hostile work environment when there is a single severe incident. For example, if a workplace bully physically assaulted you at work and caused you to be hospitalized based on your race, that would likely qualify as the creation of a hostile work environment and give rise to both civil and criminal liability. However, in most cases, a single incident will not be enough to create a hostile work environment sufficient enough to allow a claim.
A second form of unlawful harassment is quid pro quo harassment. In this type of harassment, a person in a position of authority over the employee might threaten their job if they refuse to engage in sexual acts. For example, if your boss threatens to fire you if you refuse their sexual advances, that would likely be an instance of bullying that qualifies for a sexual harassment claim against your employer.
Workplace Bullying as Illegal Retaliation
Workplace bullying can also take the form of unlawful retaliation. Employers can’t retaliate against you for filing a complaint for discrimination, other violations of the law, or violations of public policy. This prohibition includes retaliating against you for participating in an investigation, testifying on behalf of another individual who filed a complaint, or refusing to engage in illegal behavior at your employer’s request.
For example, your employer can’t retaliate against you for reporting safety violations to the Occupational Safety and Health Administration (OSHA), taking approved leave under the Family and Medical Leave Act (FMLA), performing jury duty, or refusing to participate in your employer’s fraudulent scheme against the government. The prohibition exists even if your complaint was dismissed or found to not be valid as long as you made it in good faith.
The prohibition against workplace retaliation extends to all forms of disparate treatment targeted at you based on exercising your employee rights, including bullying you because you filed a complaint. If your supervisor started engaging in a pattern of bullying behavior after you complained about the company’s conduct in violation of public policy or the law in any way that affected the terms and conditions of your job, you might have grounds to pursue a retaliation complaint to recover damages and hold them accountable.
Contact Swartz Swidler
If you have been the victim of bullying at work, it can make your job intolerable. The NJ workplace harassment lawyers at Swartz Swidler can analyze the facts of what happened and explain your legal rights. Call us for a free and confidential consultation today at (856) 685-7420 to learn how we might be able to help you resolve the situation.
