Workplace conflict can take many forms, and not all mistreatment at work is legally the same. Employees often use the terms workplace bullying and workplace harassment interchangeably, but under California law they have important differences. Understanding these distinctions is critical if you believe your employer or coworkers are treating you unfairly.
What Is Workplace Bullying?
Workplace bullying refers to repeated, harmful behavior directed at an employee that is intimidating, degrading, humiliating, or abusive. This behavior often involves patterns of actions that undermine an employee’s confidence or ability to perform their job and it can come from anyone from supervisors to subordinates.
Examples of Workplace Bullying
Some of the most common examples of workplace bullying include the following:
- Constantly belittling or insulting an employee
- Publicly humiliating someone during meetings
- Spreading rumors or gossip about a coworker
- Excessively criticizing work without justification
- Isolating an employee from team communications
- Assigning impossible deadlines or workloads to set someone up for failure
- Threatening job loss without cause
Although bullying can be extremely harmful to an employee’s mental health and career, workplace bullying can sometimes overlap with harassment or discrimination, which is where legal protections come into play.
What Constitutes Workplace Harassment?
Workplace harassment occurs when unwelcome conduct targets an employee because of a protected characteristic like race, religion, and sexual orientation. Under the California Fair Employment and Housing Act (FEHA), employers are required to take reasonable steps to prevent harassment and correct it when it affects employment decisions such as hiring, promotion, or termination.
Examples of Workplace Harassment
Due to the nature of workplace harassment, it can take on many forms and some of the most common examples of workplace harassment may include the following:
- Racist or sexist jokes
- Offensive comments about someone’s religion or ethnicity
- Sexual advances or inappropriate touching
- Repeated remarks about a person’s appearance or body
- Derogatory language about someone’s disability
- Mocking an employee’s accent or cultural background
- Displaying offensive images in the workplace
What Are the Main Differences Between Bullying and Harassment?
When it comes to identifying the main difference between bullying and harassment in the workplace, it can be very hard to tell the two apart. However, the biggest difference between the two is whether the conduct is based on a legally protected characteristic.
For example, workplace bullying may occur when there is a personality conflict between two workers, however, workplace harassment can occur when a coworker has a discriminatory bias against another coworker that is outside of their control (like race, gender, or religion).
By identifying the motivation behind the behavior, it can help determine whether legal action can be taken. However, it is important to note that these situations can easily escalate into discrimination claims.
Can You Sue for Workplace Bullying?
Generally, California employees cannot sue solely for workplace bullying unless it violates a specific law. However, bullying may become actionable if it involves:
- Discrimination based on a protected class
- Harassment under FEHA
- Retaliation for reporting illegal conduct
- Whistleblower retaliation
- Constructive wrongful termination
For example, if a supervisor constantly humiliates an employee because of their race or gender, that behavior may qualify as harassment under Title VII of the Civil Rights Act of 1964. Even when bullying is not illegal by itself, employers may still be required to address it under workplace policies or internal HR rules.
How Do You Deal with Bullying in the Workplace?
Employees experiencing workplace bullying should take proactive steps to protect themselves. Some of the best and most effective steps involve documenting every instance of the bullying, keeping copies of any emails and messages that help prove bullying, and seeing if any coworker can provide witness statements.
Once you have gathered the necessary evidence, it is recommended to bring this issue with the company’s HR department and see if it can be resolved internally. However, employees should only take this step if they feel safe doing so. Because by filing a complaint with HR, it will create a record of the issue and it can be used in employment cases.
What Evidence Do You Need to Report Harassment?
Strong evidence can significantly strengthen a workplace harassment claim. Helpful forms of evidence may include:
- Emails, text messages, or chat logs
- Witness statements from coworkers
- Performance reviews showing sudden changes
- Screenshots of offensive comments
- Audio recordings (when legally obtained)
- Written complaints filed with HR
- Medical records related to workplace stress
On top of it all, it is important to keep your documentation organized as it can help demonstrate how harassment has occurred and how it affected your job in a more effective manner.
What to Do When You Are Being Mistreated at Work
Being bullied or harassed at work can be emotionally exhausting and professionally damaging especially if it has gone on relentlessly. Employees should remember that they have rights under California employment law and if you or a coworker is experiencing mistreatment at work, an experienced California labor attorney at West Coast Employment Lawyers can evaluate your situation and give you the legal insight you need to move forward.
Call us at (213) 927-3700 or by filling out the online contact form for a free case consultation today!
