Bullying is a pattern of behavior in which people engage if they perceive themselves as being stronger and generally superior to another whom they view as weaker or, for some reason, vulnerable. Bullying conduct comprises harming and humiliating others.
Texas criminal law defines various crimes that involve bullying and harassment. Of course, criminal bullying can happen anywhere, including in the workplace. The Texas penal code defines the crimes of harassment, disorderly conduct, and stalking. All 3 of these crimes may involve behavior that people consider bullying. A Texas lawyer would be able to provide more information about criminal offenses that may encompass bullying.
Criminal harassment in Texas involves engaging in conduct that the perpetrator intends to harass, annoy, alarm, abuse, torment, or embarrass another individual. This includes repeated communication, threats, obscene remarks, or false reports that could cause distress. The definition of harassment includes electronic communications.
Disorderly conduct can encompass bullying behaviors such as using abusive language in a public place or making offensive gestures meant to provoke a reaction or communicate an insult.
If bullying escalates to physical threats or physical intimidation, it may come within the definition of criminal assault. Criminal assault is intentionally or knowingly causing bodily injury to another individual or threatening another with imminent harm.
In more severe cases, bullying may comprise criminal stalking. Stalking happens when an individual engages in repeated conduct that places a victim in fear of bodily injury or death. Unlike simple harassment, stalking requires a pattern of behavior rather than a single incident, making it a more serious offense.
If a perpetrator uses electronic communication to engage in repeated behavior to put a victim in fear of bodily injury, it may come within the definition of cyberstalking, which is a crime under Texas law.
What Are Some Statistics Associated With Workplace Bullying?
The Workplace Bullying Institute defines bullying as “repeated mistreatment” and a form of “abusive conduct.” It characterizes bullying as “non-physical violence.” In a national survey of 1,024 adult Americans conducted in 2024, it states that 32% reported experiencing bullying at work within the last year. And one-third of American adults have said that they themselves directly experienced non-physical abuse at work at some time in their lives.
Fourteen percent reported witnessing bullying at work within the last year. Forty-six percent reported being affected by bullying in the workplace. A large majority at 72% reported being aware that bullying happens in the workplace. So, the 2024 WBI U.S. Workplace Bullying Survey confirms what many of us already suspect, i.e., that bullying is quite prevalent in U.S. workplaces.
Is Bullying the Same as Harassment?
As noted above, conduct that people associate with bullying might also constitute harassment. The two types of conduct also might not be completely the same. The two words are certainly flexible in their definitions. But generally, bullying would sometimes be the same as or similar to harassment.
What Are Some Examples of Bullying in the Workplace?
Workplace bullying happens when someone is mean toward a coworker on an ongoing basis. A bully might engage in name-calling or putting down another individual in their workplace. It can include efforts to sabotage a colleague’s work or to do harm to them by threatening their work status, e.g. placing them in fear of job loss.
Bullying might consist of undermining a person’s self-confidence or their ability to perform a job. Bullying can consist of gossiping about a person to co-workers in order to damage the person’s reputation among their colleagues. Bullying is not acceptable conduct among workers, especially conduct involving workplace violence; those who take their job performance seriously understand that it is not professional.
Are There Any Workplace Bullying Laws?
Texas civil rights law prohibits the bullying of people with disabilities and older adults. This can mean in the workplace as well as in other settings. Texas law requires immediate reporting and investigation of bullying of individuals with disabilities and older adults. When bullying is directed toward a person with a disability, federal law considers it to be discrimination against that person motivated by a discriminatory intent.
Federal law applies in Texas as in all other states in the U.S. So the Americans with Disabilities Act (ADA) protects employees with disabilities from bullying in the workplace, especially if it appears targeted at a person because of their disability.
The federal Title VII of the Civil Rights Act, enforced by the Equal Employment Opportunity Commission (EEOC), prohibits discrimination in the workplace. The EEOC investigates claims of discrimination on the basis of membership in a protected class. If bullying is targeted at an individual because of their race, gender, national origin or membership in any other protected class, it could qualify as discrimination.
Bullying might create a hostile work environment, and creating a hostile work environment is considered a form of discrimination that is prohibited by the Civil Rights Act.
Of course, conduct that is criminal is criminal if perpetrated in a workplace as in any other setting. So an individual is protected by Texas criminal laws from such criminal conduct as harassment, disorderly conduct, assault, and stalking in their place of employment as well as in other settings outside or work.
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How Is Bullying Punished?
A Texas court is authorized to issue a protective order to a victim of severe bullying involving threats or harassment or other harm. This is the case if the setting in which the bullying occurs is a workplace. Protective orders prohibit a bully from contacting a victim in person and/or via electronic communication, and/or third parties. Violation of a protective order is a criminal offense with conviction leading to incarceration in jail and payment of a fine.
In determining whether to issue a protective order, courts consider the severity of the bullying, whether there have been prior incidents, and the potential risk to the victim’s safety. A judge may also order a bully to stay away from specific locations where the victim spends their time. This might possibly include their workplace.
Bullying that escalates into criminal behavior can lead to criminal punishment. Criminal harassment is a class B misdemeanor in Texas. The punishment is incarceration for a maximum of 180 days in jail and payment of a fine of a maximum of $2000. If a perpetrator has a prior harassment conviction, a subsequent offense can be charged as a class A misdemeanor. This is punishable by incarceration in jail for a maximum of 1 year and payment of a fine of up to $4,000.
If bullying involves assault, penalties become more severe. Assault resulting in bodily injury is a class A misdemeanor which is punishable by 180 days to 2 years of incarceration in a state jail facility and payment of a fine of up to $10,000.
Stalking, which involves repeated harassment that causes a victim to experience fear of harm, is a third-degree felony under Texas law. It can be punished by incarceration for 2 to 10 years and payment of a maximum fine of $10,000.
Are There Any Legal Remedies for Workplace Bullying?
The first thing a victim wants to do about being bullied at work would be to report the situation to their employer’s HR department. An employer should have policies and procedures in place to deal with bullying.
If turning to HR does not produce a result and the bullying continues, an individual should contact a lawyer for further assistance.
In Texas, the Texas Workforce Commission Civil Rights Division (TWCCRD) Employment Discrimination Inquiry Submission System (EDISS) is the place for an individual to present an employment discrimination complaint, if they feel that bullying has a discriminatory intent or effect. The TWCCRD is legally authorized to conduct investigations of complaints of discrimination against employers who are covered by Texas law.
After investigation, the Commission makes a finding regarding the allegations.
If an individual does not get their desired result from the Texas system, they may turn to the federal EEOC with a complaint about bullying if it is discriminatory in intent or effect or if the individual is one who would be covered by the ADA.
In the end, if the bullying does not stop, an individual should have a legal consultation in Texas. In their consultation, a victim would talk to a Texas workplace lawyer about their options which would include filing a civil lawsuit in a state or federal court.
Do I Need an Attorney for Workplace Bullying?
If you are being bullied in the workplace and your employer has not responded effectively to your complaints, you want to consult a Texas workplace lawyer. LegalMatch can assist you in connecting with the right attorney for your needs.
