When you are bullied at work it can make you and your coworkers miserable. It can feel like there is nowhere to go to help, or nothing you can do. You may feel like you have no option but to quit. The truth is that the solutions to bullying can be complex and depend on your individual employment situation.

In this blog post, I will explore internal options, federal agency complaints, and legal remedies you may have to address bullying. I will discuss how your union, employment contract, and internal policies may provide you a solution, even when a direct discrimination lawsuit doesn’t apply.

When is Workplace Behavior Bullying?

There is no federal legal definition of bullying. Under the New York City Human Rights Law, “cyberbullying” means “willful and repeated harm inflicted through the use of computers, cell phones, and other electronic devices that is intended to frighten, harass, cause harm to, extort, or otherwise target another.” More generally, bullying is a power-based pattern of threatening, humiliating, or intimidating behavior designed to control the targeted employee. It may include:

• Insulting or humiliating remarks;
• Being shouted at or called out;
• Practical jokes;
• Exclusion or social isolation;
• Physical threats or intimidation;
• Micro-management;
• Setting unreasonable goals;
• Interfering with training or promotion;
• Cutting off responsibilities; or
• Violating a person’s space or personal belongings.

In the workplace, bully is most often done by people in leadership positions: bosses, supervisors, managers, or team leaders. While the majority of bullies are men, the number of women who bully is on the rise.

The Effect of Bullying at Work

No matter the form, bullying is abusive. It can cause serious health problems for targeted employees, including anxiety, headaches, and other stress symptoms. In the workplace, this can lead to absenteeism and loss of productivity on the job. If bullying goes unaddressed, many victims of bullying will contemplate leaving or find other work.

Is Bullying Illegal?

Bullying is not categorically illegal at the national level. There is no federal law prohibiting workplace bullying across the board. (However, cyberbullying and other forms of workplace harassment are prohibited under the New York City Human Rights Law.)

Even so, many times, the bullying that happens in a workplace will qualify as harassment under Title VII of the Civil Rights Act of 1964. If the motive behind the bully’s behavior is discrimination against a protected class, the conduct may be illegal. Bullying won’t become illegal discrimination unless it is based on:

• Race or color;
• Religion;
• Sex or gender;
• National origin;
• Age;
• Disability;
• Retaliation for speaking out against any of the above.

Even then, the bullying must have resulted in an adverse employment action or be severe and frequent enough to create a hostile work environment before it violates the U.S. Civil Rights Act or other anti-discrimination statutes.

Do I Need to Quit to Escape the Bully?

If bullying is not illegal on the federal level, does that mean you need to quit to be free from harassment? Not necessarily. However, it does mean that many anti-bullying protections are voluntary and can change depending on your employer. Before hitting the job boards, make sure you look into all your options.

Human Resources

Most larger businesses have some form of internal complaint system through their human resources department. Many also have explicit anti-bullying policies that list particular behaviors that are off limits. Even medium-sized businesses may have a way to lodge complaints for the owner or manager to address. These internal personnel management tools are your first line of defense. Even if the bully is your direct supervisor, there will often be someone further up the hierarchy that you can ask to review the situation and stop the bullying behavior.

Union Protections

If your workplace has a union, you can often turn to your union representative for help stopping the bullying. Union contracts often have anti-bullying protections for their members. They also often have formal processes through which an employee can challenge the behavior of their superiors. Knowing the union policies and procedures is important because often, you won’t be able to take a case to court until you have done everything you can through the union.

Transfer Requests

Even if your employer has not taken any steps to protect employees against workplace bullying, there may still be something you can do before turning to lawyers and federal agencies: request a transfer. If the bully is your manager or team lead, ask to be assigned to another shift, team, or location with different leadership. Often, this is the easiest remedy because employees can find reasons to request a transfer that do not confront the bully directly, but simply escape the situation.

EEOC Harassment Complaints

If the bullying happening in your workplace is based on a protected class, you can turn to the Equal Employment Opportunity Commission (EEOC) for help. The employment discrimination attorneys at Eisenberg & Baum, LLP, can help you file and support a harassment complaint, and demonstrate that the bullying you have been exposed to is illegal under federal law. Talk to a lawyer to see if your situation meets the standard to file an EEOC complaint.

Employment Contracts, Policies, and Handbooks

Another route for relief may exist in the language of your employment contract itself. Your employer may have made promises to you about the terms of your employment in its policies, handbook, or training, that you can use to protect yourself. If your employer fails to live up to those promises by providing you a safe, harassment-free workplace, you may be able to take the company to court for breach of contract. An employment lawyer can help you review the contracts and file a lawsuit to protect you and your coworkers from a workplace bully.

Bullying at work can push you to your limit and make you want to quit. Before you give up on a job you used to love, make sure you have taken advantage of all the internal protections and external legal remedies available. Meet with the experienced employment discrimination attorneys at Eisenberg & Baum, LLP, to protect yourself and your job from becoming a victim of bullying. Contact us to schedule a consultation and find out what we can do to help.