The answer to whether workplace bullying is illegal in California is complex. It depends on the specific nature of the bullying and whether it overlaps with other forms of unlawful behavior.
What Is Considered Workplace Bullying?
Workplace bullying is generally defined as repeated, health-harming mistreatment of one or more employees by one or more perpetrators. This mistreatment can take many forms, including verbal abuse, threats, humiliation, intimidation, or interference with work performance. Unlike harassment, which is illegal when it is based on a protected characteristic such as race, gender, or age, bullying can occur for any reason—or no apparent reason at all.
Legal Protections Against Workplace Bullying
There isn’t a specific statute in California against workplace bullying. However, if the bullying behavior crosses over into harassment or discrimination, it can be illegal under law.
In 2014, California passed Assembly Bill 2053, which requires employers with 50 or more employees to provide training on the prevention of “abusive conduct” as part of their sexual harassment prevention training. Abusive conduct, as defined by the law, is similar to bullying and includes repeated verbal abuse, derogatory remarks, insults, or physical conduct that a reasonable person would find threatening, intimidating, or humiliating. Again, the training is a requirement, but bullying is not stipulated as illegal under this law.
Harassment and Discrimination Laws
Workplace bullying may become illegal if it is linked to a protected characteristic under California’s Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination based on race, color, religion, sex, gender identity, sexual orientation, marital status, national origin, ancestry, disability, medical condition, age (40 and over), and other protected characteristics.
For example, if an employee is bullied because of their gender or race, and the bullying creates a hostile work environment, it may be grounds for a legal claim under FEHA. Similarly, if an employee with a disability is bullied in a way that interferes with their ability to work, it could constitute disability harassment, which is illegal.
Retaliation Protections
California law also protects employees from retaliation if they report workplace bullying, harassment, or discrimination. If an employee faces adverse actions, such as termination or demotion, for reporting bullying, they may have a legal claim for retaliation in Los Angeles.
What Are My Rights if I Am Bullied at Work?
You have the right to report bullying or harassment without fear of retaliation, and if you’re penalized for doing so, you may have grounds for a claim under retaliation or wrongful termination laws. If your employer fails to address the bullying, you can file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). Additionally, if the bullying involves wage violations, such as unpaid overtime, you can pursue claims under California’s wage and hour laws. Seeking advice from an experienced Los Angeles Employment Attorney can help you understand your rights and determine the best course of action.
What To Do If You’re Being Bullied at Work
If you are experiencing workplace bullying in California, it’s important to take action:
Document the Bullying
Keep detailed records of each incident, noting what happened, when, where, and who was involved or witnessed it.
Report the Bullying
Follow your employer’s procedures for reporting bullying or harassment. If there is no formal process, report it to HR or a supervisor.
Seek Legal Advice
Contact our law firm for advice and to explore your legal options. They can handle all legal aspects of your case, from gathering evidence and filing a claim to negotiating a settlement or representing you in court.