Workplace bullying in California can involve verbal abuse, sabotage, threats, cyberbullying, or harassment tied to protected traits. California employees may have legal options when bullying becomes discrimination, retaliation, wrongful termination, or other unlawful workplace conduct.
By Brad Nakase, Attorney
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Bullying at work is a common and dehumanizing kind of harassment in California. Bullying examples include:
California does not have a dedicated anti-bullying legislation. If bullying progresses to being workplace harassment/discrimination, employees can pursue a claim against the harasser & the company. The pertinent acts are:
Bullying at work can be motivated by a victim’s status in a protected category. It is illegal under discrimination or harassment legislation.
This implies that employees have the legal right to take action when workplace bullying in California involves non-sexual discrimination or harassment based on protected traits.
The main concerns about the rights of workers who are bullied at work will be discussed in this article.
Workplace bullying is defined by the Workplace Bullying Institute (WBI) as persistent, harmful abuse of one or more individuals at work. Bullying conduct at work in California is defined as abusive behavior that fits into one of three categories:
For instance, Ramona decides to take a new position at a small business. She is taking over for another employee who was let go due to absence.
A number of other workers at the company were close friends of the sacked employee, and they are upset that Ramona took her position. By surreptitiously accessing shared papers that Ramona was working on the organization’s internal network and erasing her work, they consistently undermine her efforts.
This qualifies as an abusive workplace of the sabotage/job interference type.
Workplace bullying in California is typically defined as repeated abuse rather than a single act. A single instance of bullying that is very severe or harsh qualifies as an exception. It can be a physical assault or an actual risk to the victim’s individual security.
Bullying in the workplace is common
A United States Workplace Bullying Survey was conducted by the Workplace Bullying Institute. It estimates that 52.2 million employees (32% of US adults) report experiencing continuous workplace bullying.
According to the study, 57% of Black employees report having witnessed or experienced bullying, making them the group most likely to be impacted by bullying. Hispanic and Latino employees come next.
Additionally, rather than being peers, fifty-five percent of bullies are supervisors or bosses. Peer-to-peer group bullying, meanwhile, has increased to 29%.
The issue has not been resolved by remote work either. 51 percent of hybrid employees report experiencing bullying, which is the highest percentage of any type of working arrangement.
While some forms of abusive behavior may be prohibited by California law, workplace bullying isn’t illegal in California. There is no law in California that permits workers to file a lawsuit against their bosses or coworkers for bullying at work.
However, California firms with 5 or more workers are required by SB 1343 of 2018 to offer participatory sexual harassment instruction to:
Preventing “abusive conduct”—that is, bullying at work—would also be covered in the training.
Additionally, if workplace bullying in California escalates into harassment, victims may be legally entitled to compensation. In the following part, we explain this situation.
Workplace bullying in California that falls under a protected category under California’s FEHA (Fair Employment and Housing Act) is, in essence, “hostile work setting” harassment.
Employees in California are legally entitled to be free from harassment at work on the basis of any of the protected classes.
Harassment based on one of those classifications is prohibited by California employment law, in contrast to workplace bullying.
Example
Ahmed is employed by a car repair shop. He’s the only Muslim immigrant worker. Some of his associates often make disparaging remarks about his looks. They also make fun of his nationality. They doubt his ability to do his work. He cannot attend social activities with his co-workers. The harassers have used ethnic slurs in several instances online and in real life.
Ahmed may be the victim of hostile workplace harassment because of his nationality and faith.
Verbal (like threats), physical (like unwelcome touching), sexual (like unwanted sexual approaches), & visual (like inappropriate posters) are all examples of harassment. Workplace bullying in California has to be severe or widespread for harassment to qualify as a hostile workplace. California courts take into account things like:
Even a single bullying episode may be considered workplace harassment in some circumstances. Victims can file charges with the California CRD (Civil Rights Department) and, in some cases, even file a lawsuit. The individual who harasses them may be sued. If a supervisor engages in harassment or the company carelessly ignores the illegal harassment, they may also file a lawsuit against their workplace.
Bullying can originate from managers and supervisors as well as from peers. One study found that sixty-five percent of bullies are those who are more powerful than their victims. Managers may intimidate employees by:
Coworkers may be bullied by peers by:
Bullying’s effects go beyond a bad experience. It can have long-term detrimental effects on victims as well as on organizations.
It can be a concern for a company’s overall health. It can lead to an increase in absences, turnover, and stress-related reactions. Bullying may lead to workers’ compensation claims for psychological damage sustained at work. In addition to having an adverse effect on the company’s public reputation on social media, the same problems may cause a decline in involvement, morale, and productivity. Employees have options and will quit if they are treated unfairly, even if the mistreatment does not qualify as a civil rights violation.
Bullying at work can, of course, turn into unlawful discrimination and harassment as well as inappropriate behavior centered around protected groups. Employers run the risk of facing significant legal liability if they don’t take swift, efficient corrective action to stop harassment and discrimination.
Conversely, a workplace where individuals are empowered to take responsibility for their work, integrate varied viewpoints, and strive for success is one where they feel certain that they & their finest work are always welcome.
According to a recent analysis of workplace bullying, bullying is a characteristic of an opportunity made possible by organizational structures that permit it to happen and persist, even though bully traits do matter. Organizational fairness, openness, an emphasis on results, & the application of reliable tools in decision-making are the foundations of effective anti-bullying strategies. They are assisted by resources that promote involvement, voice, and inclusive, flexible employment.
Employers can do a few important things:
Workers who are the targets of bullying in the workplace have some options, even if it is not illegal in California. You can find out if the mistreatment you are going through is against California employment law with the assistance of a skilled labor and employment lawyer. Talking to Human Resources may occasionally resolve the issue. In other cases, legal action is required.
For instance, the bullying that you are going through can potentially qualify as harassment under the law. Unbeknownst to many, California’s harassment laws cover abusive behavior based on lesser-known protected characteristics, such as age, gender expression, medical conditions, or military status, in addition to categories like sex and race.
You may have remedies under California’s “wrongful dismissal” or FEHA retaliation provisions if your concerns about bullying cause you to lose your job. You also have legal protections if the bullying involves wage/hour or overtime breaches.
Lastly, even if the bullying you encounter at work does not provide you with any particular legal rights as a California employee, consulting a lawyer might still be beneficial. Sometimes, all a company needs to start giving attention to bullying at work and its negative impact on staff morale (as well as possibly on their profits) is an understanding that you are investigating your legal options.
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