Workplace bullying in New York refers to repeated mistreatment of employees, including verbal abuse, intimidation, or actions that interfere with job performance. Although New York does not explicitly have a law that addresses workplace bullying, certain behaviors may still be legally actionable if they overlap with harassment or discrimination under existing statutes.
For instance, the New York State Human Rights Law protects employees from discrimination and harassment based on characteristics such as race, gender, disability, age, religion, and more. If bullying targets an individual due to one of these protected characteristics, it may be considered unlawful harassment.
Additionally, workplace bullying may become legally actionable if it creates a hostile work environment. In New York, harassment does not need to be severe or pervasive in order to be legally actionable. This means that employees can seek legal recourse for workplace mistreatment.
New York has also introduced the Healthy Workplace Bill, which aims to address abusive workplace behavior that negatively impacts employees’ health. That bill seeks to provide legal protections for workers experiencing psychological violence or mistreatment, even if the behavior is not tied to a protected characteristic, which is required under federal protections.
It is important to note that employees that face workplace bullying should review company policies, report concerns to the HR department, and seek legal advice from a New York workplace lawyer in order to determine whether the behavior constitutes harassment or discrimination under New York law.
What Are Some Statistics Associated With Workplace Bullying?
Workplace bullying is a pervasive issue that affects employees across various industries in New York. Once again, New York does not have a specific law addressing workplace bullying. However, certain behaviors may be legally actionable under existing statutes, such as the New York State Human Rights Law and federal anti-discrimination laws.
Understanding the prevalence and impact of workplace bullying is essential for both employees and employers seeking to foster a safe and respectful work environment. According to recent studies, workplace bullying remains a significant concern in New York.
In fact, research notes that approximately 27% of American workers report experiencing workplace bullying at some point in their careers. Workplace bullying is particularly prevalent in educational settings, where school employees report being targeted at nearly three times the national average compared to other industries.
Additionally, witnesses to workplace bullying also suffer adverse effects, with many expressing a desire to resign due to the creation of a hostile work environment. The United States Bureau of Labor Statistics has provided the following statistics in relation to workplace violence:
- Fatal Workplace Injuries: In 2022, New York City recorded 83 fatal work injuries, with 33% resulting from violence or other injuries caused by persons or animals
- Industry Specific Risks: The healthcare and social assistance sector experienced the highest incidence of workplace violence, which accounts for 72.8% of all cases in private industry between 2021 and 2022
- Gender Disparities: Women accounted for 72.5% of all nonfatal workplace violence cases, with an annualized incidence rate of 5.0 cases per 10,000 full-time workers, compared to 1.4 cases per 10,000 for men
All of the above figures underscore the widespread impact of workplace bullying in the United States and in New York. Employees seeking support or guidance should consider setting up a legal consultation in New York with a New York lawyer who understands state and federal laws.
Is Bullying the Same as Harassment?
In short, no. Bullying and harassment are related but distinct concepts under New York law. Although both involve mistreatment, harassment is legally defined and can lead to legal consequences, whereas bullying may not always be actionable unless it falls under harassment or discrimination statutes.
Under New York Penal Law Section 240.26, harassment occurs when someone intentionally engages in behavior that annoys, alarms, or threatens another person, including physical contact, stalking, or repeated actions that serve no legitimate purpose.
Workplace harassment is also covered under the New York State Human Rights Law, which prohibits mistreatment based on protected characteristics such as race, gender, disability, and religion.
New York’s Dignity for All Students Act (“DASA”) addresses bullying in schools. That Act defines bullying as intimidation, taunting, or discrimination that creates a hostile environment. However, workplace bullying is not explicitly covered under state law unless it overlaps with harassment or discrimination.
Bullying may be considered harassment if:
- It is based on a protected characteristic (e.g., race, gender, disability);
- It creates a hostile work environment that affects an employee’s ability to perform their job; or
- If it involves physical threats, stalking, or repeated intimidation
What Are Some Examples of Bullying in the Workplace?
Examples of workplace bullying in New York can include various forms of mistreatment that create a hostile work environment. Examples of common forms of workplace bullying include:
- Verbal Abuse: Persistent use of demeaning language, insults, or offensive remarks directed at an employee
- Intimidation or Threats: Actions that are intended to instill fear, including 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, including abusive emails, messages, or social media interactions
- Physical Bullying: Any acts of physical aggression or 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
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Are There Any Workplace Bullying Laws?
No, New York does not have a specific law that directly prohibits workplace bullying. However, as noted above, certain forms of bullying may be legally actionable if they fall under harassment or discrimination as defined by the New York State Human Rights Law. That law protects employees from mistreatment based on protected characteristics such as race, gender, disability, age, religion, etc.
How Is Bullying Punished?
Workplace bullying in New York is primarily addressed through an employer’s organizational policies and procedures. This is because state law does not explicitly prohibit general bullying, unless it qualifies as harassment or discrimination under the New York State Human Rights Law.
Employers are generally the entities that are responsible for managing and penalizing workplace bullying. Internal disciplinary actions may include verbal or written warnings, suspension, or termination for employees found engaging in bullying behavior.
However, if bullying constitutes harassment based on a protected characteristic, such as race, gender, disability, or age, then victims may file complaints with the New York State Division of Human Rights or the Equal Employment Opportunity Commission. They may also seek a private civil lawsuit against an individual that has caused them harm.
Are There Any Legal Remedies for Workplace Bullying?
Yes, there are several legal remedies for workplace bullying in New York, particularly when the behavior qualifies as harassment or discrimination under the New York State Human Rights Law.
Employees that are experiencing workplace bullying that constitutes harassment based on a protected characteristic can file complaints with the New York State Division of Human Rights or the Equal Employment Opportunity Commission. It is important to note that filing a complaint with the Division of Human Rights is often a required first step before pursuing legal action.
The agency will then investigate the complaint and may attempt to mediate a resolution. If the issue remains unresolved or if the employee prefers to proceed with a private lawsuit, they can request a “Right-to-Sue” notice, which allows them to file a lawsuit in civil court.
Most private cases are resolved through settlement negotiations before reaching trial. However, if a settlement is not possible, the case will proceed to trial, where the court will review all evidence, hear oral arguments, and issue a judgment.
Then, 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 that contributed to the bullying.
Do I Need an Attorney for Workplace Bullying?
If you are facing workplace bullying or an employment dispute in New York, it is recommended to consult an experienced New York workplace lawyer. LegalMatch can assist you in finding an attorney who is experienced in employment law and well versed in both state and federal employment laws.
A skilled employment lawyer can provide you with guidance on navigating state and federal employment laws, including the New York State Human Rights Law and Title VII of the Civil Rights Act.
A knowledgeable employment lawyer can also offer personalized legal advice on the best course of action, whether it involves filing complaints with agencies such as the New York State Division of Human Rights or pursuing a lawsuit for workplace harassment or discrimination.
Additionally, they can assist in gathering critical evidence to strengthen your case and ensure compliance with relevant labor laws. They can also help you resolve workplace disputes through negotiation or mediation. Finally, if a resolution to your situation cannot be reached without court intervention, a lawyer can file a lawsuit on your behalf and represent your interests in court.
