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When is bullying in the workplace legally actionable?

Bullying is an undisputed concern in schools nationwide. Unfortunately, not all kids learn from their missteps and stop bullying others by the time they’re grown. As a result, bullying in the workplace is also an undisputed concern within the American workforce.

Some employers do very little – or nothing at all – to address bullying behavior. Some employers even encourage it or engage in it themselves. Thankfully, many victims of this kind of mistreatment are in strong positions to take legal action when employers engage in or fail to properly respond to bullying at work.

Standing up and speaking out

Workplace bullying becomes legally actionable in California when it crosses into unlawful behavior under federal and/or state laws. While general workplace bullying is not explicitly illegal, if bullying behavior meets the legal definition of discrimination or unlawful harassment, affected employees may have legal grounds to take action. 

For example, if an employee is repeatedly targeted with derogatory remarks or unfair treatment due to their gender, ethnicity or sexual orientation, that bullying behavior may constitute harassment under California’s Fair Employment and Housing Act (FEHA). 

Bullying that creates a hostile work environment is also legally actionable. A hostile work environment occurs when abusive behavior rooted in someone’s protected characteristics is so severe and/or pervasive that reasonable people would agree that the worker’s situation is objectively hostile or otherwise abusive. 

With that said, it isn’t always easy to determine when bullying behavior crosses the line into legally actionable territory. Therefore, it is generally a good idea to seek legal guidance before either deciding to pursue legal action or dismissing legal action as an option.

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