The impact and prevention harassment & workplace bullying

Understanding the Legal Landscape: Bullying vs. Illegal Harassment

While workplace bullying and illegal harassment can sometimes appear similar, they are not always the same. For behavior to be classified as illegal harassment, it must target individuals based on protected characteristics. However, bullying, even if it doesn’t meet these legal criteria, can still cause significant harm and require proactive intervention. In this section, we delve into the distinctions between bullying and harassment, explore the potential consequences for employers who permit bullying, and discuss the broader impact on employees and workplace culture.

This is part 3 of our blog post series on equal employment opportunity (EEO) regulations and diversity. For more information on bullying, check out our post entitled, The relationship among diversity, harassment, & workplace bullying.

Is bullying considered illegal harassment? 

Bullying can sometimes mimic illegal harassment, but it’s not automatically classified as such. For behavior to qualify as harassment, it must target individuals based on protected characteristics. If a bully’s actions don’t meet these criteria, they may still be harmful but not illegal. This distinction complicates the legal landscape surrounding workplace bullying.

Employers must maintain a safe workplace, even if bullying doesn’t fit legal definitions. Ignoring harmful behavior breeds fear and resentment, dragging down morale and performance. So while bullying might not be illegal, it can cause significant issues that demand proactive attention.

Grasping the legal implications of workplace bullying and harassment is vital for employees and employers alike. By understanding these nuances, organizations can better equip their workforce to recognize and combat harmful behavior, preventing escalation and nurturing a healthier culture.

Can an employer face lawsuits for letting bullying happen? 

Absolutely! Employers can face legal consequences if they allow bullying to fester unchecked. While bullying might not always be illegal, employers owe it to employees to provide a safe work environment. If you report bullying and your employer shrugs it off, they could be liable for creating a hostile workplace, risking lawsuits and tarnishing their reputation. Even if an employee’s complaint isn’t an EEOC violation, it may potentially violate OSHA policies governing workplace violence). 

Legal action can arise when bullying creates a hostile environment impacting an employee’s job performance. Employees might argue that their employer’s negligence in addressing bullying contributed to their emotional distress or stymied their career growth. Courts may weigh whether the employer took reasonable steps to prevent or address bullying when assessing liability.

To lessen legal risks, employers should enforce clear policies against workplace bullying and promote a culture of respect. This includes training employees to report bullying without fear of retaliation (Sidebar: retaliation claims are a separate issue from the original bullying or harassment complaint. An employee could fail to prove bullying or harassment, but successfully prove that they experienced retaliation).  

Is the impact of workplace bullying akin to that of workplace harassment? 

 Oh, absolutely! The effects of workplace bullying can mirror those of harassment, hitting both mental and physical health hard. Victims of bullying often grapple with anxiety, depression, and stress-related ailments, much like those facing illegal harassment. These psychological wounds can hurt job performance, lead to absenteeism, and leave long-lasting career scars. 

Both bullying and harassment breed toxic atmospheres that sap morale and engagement. Workers who witness or are aware of bullying may feel unsafe, which can fracture teamwork and creativity, stifling innovation and success. The repercussions ripple beyond the individual, affecting the entire workforce.

Furthermore, the stigma around bullying and harassment can deter victims from seeking help. Many fear that reporting will lead to further victimization or career damage. Organizations must acknowledge these similarities and implement comprehensive strategies to tackle both bullying and harassment, fostering safety and respect for all.

How can employees tell the difference between bullying and illegal harassment? 

Spotting the difference between bullying and illegal harassment can be tricky, but understanding the subtleties is vital. Bullying typically involves repeated aggressive behavior that’s harmful but may not specifically target protected traits. Harassment, on the other hand, is discriminatory, aimed at individuals based on race, gender, sexual orientation, or other protected characteristics. Knowing these distinctions can empower you to advocate for yourself and your peers.

Employees should familiarize themselves with specific behaviors that mark bullying versus harassment. Bullying might show up as persistent insults, threats, or exclusion, while harassment could involve unwanted advances or derogatory comments about one’s identity. Both create a hostile workplace, but the legal ramifications can differ. Knowing these differences helps you decide when to report incidents as bullying or potential legal harassment.

How can an organization foster a culture that discourages bullying and builds healthy teams? 

Creating a culture that shuns workplace bullying starts with clear policies and procedures. Employers must set guidelines that define unacceptable behavior and spell out the consequences. Training employees to recognize and report bullying is crucial. When workers feel supported and know the organization stands against bullying, they’re more likely to engage positively with their colleagues. By the same token, when employers ignore incivility and bullying complaints, the likelihood of illegal harassment complaints increases.

Encouraging open communication and team-building activities can bridge gaps and dismantle barriers that lead to bullying. Strong relationships among coworkers significantly reduce the likelihood of bullying. 

Lastly, employers must model respectful behavior. Leadership should embody the values of inclusion and respect, reinforcing the message that bullying won’t be tolerated. By prioritizing a culture of respect and harassment prevention, organizations can build healthy teams where every employee feels valued and empowered. These strategies not only mitigate bullying but also elevate overall employee satisfaction.