Although Workplace Bullying May Not Violate The Law, Employers Should Take Proactive Measures To Foster A Supportive And Respectful Environment

Nearly 80 million workers have been affected by workplace bullying, with 30% of this number actually experiencing the bullying themselves, according to a survey by the Workplace Bullying Institute. The Workplace Bullying Institute defines bullying as “repeat mistreatment,” which includes workplace sabotage; verbal abuse; and abusive conduct that is threatening, intimidating, or harassing.  Other survey findings include: Remote workers were more likely to say they’ve been bullied (43%, with 50% occurring in online meetings and 9% through email). Sixty-five percent identified their boss as being a bully, 21% said a co-worker was a bully, and 14% said a subordinate was a bully.

While many federal laws protect employees against harassment, workplace bullying often is not covered unless the bullying is based on a protected characteristic, such as race or gender. But just because bullying may not be unlawful, that does not mean employers should ignore this disruptive behavior. Workplace bullying hurts the health and well-being of employees. Workplace bullying can contribute to your employees suffering from increased stress, low self-esteem, and feelings of anxiety and depression. Workplace bullying also costs you and your business money in terms of damage to workplace productivity and performance. Time away from work by employees, mistakes made due to distractions, on-the-job injuries and the turnover of employees – these costs can all hurt your business. Here are some steps you can take to reduce bullying in your workplace.

The first thing you can do to help foster a healthy, safe, and welcoming work environment, is to put in place a solid policy that address bullying and other abusive conduct in the workplace, and then follow through by using the policy to punish bullies. The policy should clearly define what is acceptable and unacceptable behavior, using typical examples that might arise in the specific workplace. The policy should establish a process for reporting bullying and harassing conduct, so as to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed.  Such a policy, if consistently enforced, will create positive employee morale which can result in higher productivity, retention and better recruiting efforts. The key is to focus on structural and systemic prevention of bullying.

Second, you need to be aware of the laws that protect employees, including Title VII of the Civil Rights Act of 1964, which prohibits workplace harassment based on national origin, race, color, religion, and sex (including sexual orientation and gender identity), and pregnancy, the Age Discrimination in Employment Act, which prohibits such behavior based on age, starting at age 40, and the Americans with Disabilities Act, which prohibits harassment based on disability. According to the Equal Employment Opportunity Commission (EEOC) — the agency that enforces these laws — harassment is unlawful when enduring offensive conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

The types of conduct that the EEOC recognizes as offensive include offensive jokes, slurs, epithets, name-calling, physical assaults or threats, ridicule, mockery, insults or put-downs that interfere with work performance. Petty slights, annoyances and isolated incidents — unless extremely serious — will not generally rise to the level of illegality according to the EEOC. “To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.”

Notably, an employer can be liable for harassment by an employee’s supervisor, co-worker, or client, among others who may work closely with the employee. Moreover, when harassment creates a hostile work environment, employees may have a claim if they are affected by the behavior, even if they are not the target of the harassment.

Another important step for employers to take is to add anti-bullying to their harassment prevention program. In other words, include “abusive conduct” prevention as a component of the employer’s mandatory anti-harassment training.

Workplace bullying is a serious issue that impacts many employees, affecting their well-being and productivity. While not all bullying behavior is illegal, creating a positive workplace requires more than just compliance with legal standards; it involves proactive measures to foster a supportive and respectful environment. By setting clear expectations, providing training, and addressing issues effectively, employers can significantly reduce the incidence of workplace bullying and promote a healthier, more productive work culture.

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