Workplace bullying in Florida refers to any repeated mistreatment of employees, which can include verbal abuse, intimidation, or actions that interfere with job performance. Although Florida does not have a specific law addressing workplace bullying, certain behaviors may still be legally actionable if they overlap with harassment, discrimination under existing statutes.
For example, the Florida Civil Rights Act (“FCRA”) safeguards against discrimination and harassment based on protected characteristics like race, gender, disability, age, religion, and others. If bullying targets an individual due to one of these protected characteristics, it could be deemed unlawful harassment under FCRA.
Bullying may also become legally actionable when it creates a hostile work environment. In Florida, this occurs when conduct is severe or pervasive enough to foster a workplace atmosphere that is intimidating, offensive, or abusive. Importantly, evidence supporting this must be more than one instance of bullying.
It’s important to know that general bullying or repeated verbal abuse that is not linked to a protected characteristic is not expressly prohibited under Florida law. However, employees dealing with such workplace bullying should still review internal company policies, reach out to their HR department, and seek advice from a Florida workplace lawyer to determine if the behavior constitutes harassment or discrimination under relevant laws.
What Are Some Statistics Associated With Workplace Bullying?
Similar to the nation as a whole, workplace bullying also poses a serious challenge in Florida, impacting employee health and workplace harmony. The following is a list of some statistics associated with workplace bullying:
- Prevalence: About 30% of workers across the United States have reported workplace bullying, and Florida shows similar trends
- Impact on Mental Health: Persistent bullying can lead to severe mental health challenges like anxiety, depression, and post-traumatic stress disorder (“PTSD”)
- Studies suggest that around 60–63% of individuals subjected to bullying may exhibit PTSD symptoms
- Underreporting: Many incidents of bullying go unreported, especially when the bully is in a position of authority, as employees often fear retaliation or dismissal of their claims
- Awareness and Prevention: Florida does not have a specific law requiring training on bullying or abusive workplace conduct, but organizations are still encouraged to implement measures that promote awareness and discourage harmful behaviors
All of the above statistics underscore the widespread impact of workplace bullying in the United States and in Florida. Employees seeking support or guidance should consider setting up a legal consultation in Florida with a Florida lawyer with experience to help them address their issue effectively.
Is Bullying the Same as Harassment?
No, bullying and workplace harassment are related, but remain distinct concepts under Florida law. Workplace harassment, as defined by the Florida Civil Rights Act, involves unwelcome conduct directed at an individual based on protected characteristics such as race, gender, religion, disability, age, or national origin.
As mentioned above, in order for harassment to become legally actionable, the behavior must be severe or pervasive enough to create a hostile work environment or lead to adverse employment consequences.
Workplace bullying, on the other hand, refers to repeated mistreatment, such as verbal abuse, intimidation, or actions that interfere with work performance. Unlike harassment, bullying is not tied to any protected characteristics and as such is not explicitly prohibited under Florida law. However, bullying that overlaps with harassment or discrimination based on a protected category may fall under the FCRA and then become legally actionable.
What Are Some Examples of Bullying in the Workplace?
Examples of common workplace bullying in Florida can include any of the following:
- Verbal Abuse: Repeated use of demeaning language, insults, or offensive remarks directed at an employee
- Intimidation or Threats: Actions that are intended to instill fear, such as implied or explicit threats toward an employee
- Work Interference: Deliberate attempts to obstruct an employee’s ability to perform their job, such as sabotaging tasks or creating unnecessary obstacles
- Humiliation: Publicly mocking or embarrassing an employee to undermine their confidence or credibility
- Cyberbullying: Harassment through digital communication methods, such as abusive emails, messages, or through social media
- Physical Bullying: Any acts of physical aggression or other acts of workplace violence, such as shoving, hitting, or inappropriate physical contact
- Unfair Treatment: Favoritism toward certain employees while unjustly targeting others through biased actions or decisions
Find My Lawyer Now!
Are There Any Workplace Bullying Laws?
Once again, Florida does not have specific laws prohibiting workplace bullying, behaviors that overlap with harassment or discrimination based on protected characteristics may be actionable under the Florida Civil Rights Act.
For instance, the Florida Civil Rights Act prohibits harassment and discrimination based on protected categories, such as a person’s race, gender, disability, age, religion, and national origin. If workplace bullying targets an individual due to one of these protected characteristics, it may be considered unlawful harassment under this Act.
How Is Bullying Punished?
Workplace bullying in Florida is most commonly addressed through organizational policies and procedures, as Florida law does not explicitly prohibit general bullying unless it intersects with harassment or discrimination based on protected characteristics.
Employers are the entities that are typically responsible for managing and penalizing workplace bullying. Internal penalties may include verbal or written warnings, suspension, or termination for employees found engaging in bullying behavior.
However, if bullying constitutes harassment under the Florida Civil Rights Act, victims may file complaints with the Florida Commission on Human Relations or pursue private civil legal remedies.
Are There Any Legal Remedies for Workplace Bullying?
Yes, there are several legal remedies for workplace bullying in Florida. Employees experiencing bullying that constitutes discrimination are allowed to file complaints with the Florida Commission on Human Relations or pursue private legal action.
For harassment claims under the FCRA, filing a complaint with the FCHR is a mandatory first step. The FCHR will then investigate the complaint and may attempt to mediate a resolution. However, if the issue remains unresolved or the employee prefers to proceed independently, they can request a “Right-to-Sue” notice, which allows them to file a lawsuit in civil court.
It is highly recommended to consult with an experienced employment lawyer in Florida if internal procedures and agency action cannot resolve your employment issue. They can assess the strength of your claim, assist you in gathering evidence, and guide you through the legal process, including filing a private civil lawsuit.
Most private cases are resolved through settlement negotiations before reaching trial. However, if a settlement is not achieved, your case will proceed to trial, where the court will review all evidence, hear oral arguments, and issue a judgment. If the court rules in favor of you, remedies may include monetary compensation, punitive damages, or injunctive relief, such as changes to workplace policies that led to the bullying.
Do I Need an Attorney for Workplace Bullying?
If you are dealing with workplace bullying or an employment dispute in Florida, it is highly recommended to consult an experienced Florida discrimination lawyer. LegalMatch can assist you in finding attorneys who are experienced in employment law and are well versed in both state and federal employment laws.
A skilled attorney can provide you with personalized advice on your best course of legal action and help you navigate the often complex processes involved in filing agency complaints or pursuing lawsuits related to workplace harassment or bullying.
An employment lawyer can also assist you in gathering essential evidence to strengthen your case and ensure compliance with laws such as the Florida Civil Rights Act and other relevant labor statutes. They can also help you work towards resolving disputes through negotiations or mediation. If a settlement cannot be reached, a lawyer can also represent your interests in court, as needed.
