Workplace bullying in California refers to any repeated, harmful mistreatment of employees, such as verbal abuse, intimidation, or interference with work performance. Although California does not have a specific law prohibiting workplace bullying, certain behaviors may be actionable under existing statutes if they overlap with harassment or discrimination based on protected characteristics.
For instance, the California Fair Employment and Housing Act (“FEHA”) prohibits harassment and discrimination based on race, gender, disability, age, religion, and other protected categories. Any bullying that targets an employee based on protected characteristics may be considered unlawful harassment under that Act.
Assembly Bill 2053 is another statute that requires employers with 50 or more employees to provide training on abusive conduct as part of sexual harassment prevention programs. Although this law does not make bullying illegal, it aims to educate workers on recognizing and preventing abusive behavior.
Bullying often becomes legally actionable when it constitutes harassment tied to a protected characteristic under FEHA or the creation of a hostile work environment. It is important to note that bullying, such as repeated verbal abuse unrelated to protected categories, is not explicitly prohibited by California law.
However, any employees experiencing workplace bullying should still consult their employer’s internal policies, contact their HR department, and seek legal advice from a California lawyer to determine whether the behavior qualifies as harassment or discrimination under the applicable statutes.
What Are Some Statistics Associated With Workplace Bullying?
Workplace bullying is a widespread concern in California, which can negatively affect employee well being and workplace dynamics. The following is a list of statistics and figures related to the issue:
- Frequency: On a national level, nearly 30% of workers report experiencing workplace bullying, with similar patterns being observed in California
- Emotional and Mental Health Effects: Prolonged exposure to bullying often results in serious mental health conditions like anxiety, depression, and post-traumatic stress disorder (“PTSD”)
- Research indicates that approximately 60–63% of those subjected to bullying exhibit PTSD symptoms
- Lack of Reporting: Many instances of workplace bullying go unreported, which is especially true when the perpetrator holds a position of authority, as employees may fear backlash or dismissal of their concerns
- Training and Prevention: As noted above, California Assembly Bill 2053 mandates that employers with 50 or more employees provide training on abusive workplace behavior
- Although this law does not specifically outlaw bullying, it seeks to create awareness and minimize harmful behaviors
All of the above points underscore the severity and far reaching impact of workplace bullying in California. A California workplace lawyer will be able to provide you with additional statistics and case law related to workplace bullying.
Is Bullying the Same as Harassment?
In short, no. Bullying and workplace harassment are similar yet distinct concepts under California law. Workplace harassment, as defined by the California Fair Employment and Housing Act, involves unwelcome conduct that targets an individual based on protected characteristics such as race, gender, religion, disability, or age. In order for harassment to be legally actionable, the behavior must be severe or pervasive enough to create a hostile work environment or result in adverse employment consequences.
On the other hand, workplace bullying refers to repeated mistreatment, including verbal abuse, intimidation, or interference with work performance. Unlike harassment, bullying is not tied to any protected characteristics and is not explicitly prohibited by California law. However, bullying that intersects with workplace harassment or discrimination related to a protected category may fall under FEHA and become legally actionable.
What Are Some Examples of Bullying in the Workplace?
Workplace bullying in California can take various forms, which can negatively impact an employee’s well being and productivity. The following is a list of common examples of bullying in the workplace:
- Verbal Abuse: The repeated use of hurtful or demeaning language, insults, or offensive remarks directed at an employee constitute verbal bullying
- Intimidation or Threats: Actions that are designed to instill fear, such as making implied or explicit threats toward an employee, can constitute bullying
- Work Interference: Any deliberate attempts to hinder an employee’s ability to perform their job, such as obstructing tasks or sabotaging work, may also constitute bullying
- Humiliation: Publicly mocking or embarrassing an employee to diminish their confidence or credibility is also considered a form of bullying
- Cyberbullying: Harassing an employee through online communication methods, including abusive emails, messages, or posts can also qualify as bullying
- Physical Bullying: Any form of physical workplace violence is bullying, though this is uncommon in workplaces
- Unfair Treatment: Demonstrating favoritism toward certain employees while unjustly targeting others through biased actions is also a common form of workplace bullying
Are There Any Workplace Bullying Laws?
As noted above, California does not have a specific law that directly bans workplace bullying. However, certain legal measures do address situations where bullying intersects with other unlawful behaviors like harassment or discrimination.
For example, the California Fair Employment and Housing Act prohibits any harassment and discrimination based on protected categories such as race, gender, disability, age, and religion. If workplace bullying targets an individual because of these protected characteristics, it may qualify as unlawful harassment under this law.
Another relevant regulation is Assembly Bill 2053, which requires employers with 50 or more employees to include training on abusive conduct as part of their sexual harassment prevention programs. However, this law does not make bullying illegal.
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How Is Bullying Punished?
Bullying in the workplace is most often addressed through organizational policies and procedures, as California law does not explicitly prohibit general bullying unless it overlaps with harassment or discrimination based on protected characteristics.
Workplace bullying is typically managed and punished by the employer. Employers may impose penalties such as verbal or written warnings, suspension, or termination for employees found guilty of bullying.
Further, If bullying constitutes harassment under the California Fair Employment and Housing Act, victims may file complaints with the California Civil Rights Department (“CRD”) or pursue private civil legal remedies.
Are There Any Legal Remedies for Workplace Bullying?
Yes, there are many different legal remedies for workplace bullying in California. Once again, California does not have specific laws addressing workplace bullying unless it overlaps with harassment or discrimination based on protected characteristics.
However, there are legal remedies available in certain situations, such as if bullying is tied to protected categories such as race, gender, disability, or religion. In such cases, employees can file harassment claims under the California Fair Employment and Housing Act. That law prohibits conduct that creates a hostile work environment or adversely affects employment conditions.
Employees who experience bullying that constitutes discrimination can file complaints with the California Civil Rights Department or pursue private legal action. Before pursuing a lawsuit, employees must file a complaint with the California Civil Rights Department. This step is mandatory for harassment claims under FEHA.
The CRD will then investigate the complaint and may attempt to mediate a resolution. If the CRD does not resolve the issue or if the employee prefers to proceed independently, they can request a “Right-to-Sue” notice. This document allows the employee to file a lawsuit in civil court.
It is highly recommended to set up a legal consultation in California with an employment lawyer that is experienced in harassment cases. They can evaluate the strength of your claim, help you gather evidence, and guide you through the private civil lawsuit process.
Most private cases are resolved through settlement negotiations before reaching trial. However, if a settlement is not reached, the case will proceed to trial. The court will then hear arguments from all parties, review evidence, and issue a judgment. If the court rules in favor of the employee, remedies may include monetary compensation, punitive damages, or injunctive relief, such as changes to workplace policies.
Do I Need an Attorney for Workplace Bullying?
If you are experiencing workplace bullying or employment disputes in California, it is advisable to consult an experienced California workplace lawyer.
LegalMatch can assist you in finding attorneys who are experienced in employment law and are well versed in both state and federal labor regulations.
An experienced lawyer can provide you with personalized guidance on the most appropriate legal actions to take, as well as clarify the often complex processes involved in filing complaints or pursuing lawsuits based on workplace harassment or bullying.
They can also assist you in gathering critical evidence to strengthen your case and ensure compliance with laws like the California Fair Employment and Housing Act and other relevant labor statutes. A lawyer will also work to resolve your dispute through negotiations or mediation. If a settlement agreement cannot be reached, a lawyer can also represent your interests in court, as needed.
