When Is Bullying at Work Unlawful? Revealing Key Insights and FAQs

TLDRDiscover the conditions under which workplace bullying becomes unlawful and the potential legal consequences. Understand the four elements that define unlawful bullying and how to take appropriate action. Learn about the protected characteristics and activities that can make bullying illegal.

Key insights

💡Unlawful bullying occurs when a supervisor or employer knows about the bullying, or when it is severe or pervasive.

💼To establish a legal case, it is important to complain about the bullying in writing to HR or management.

🔍The victim's perception of the bullying as abusive is a crucial element in determining its unlawfulness.

🚫Bullying becomes unlawful if it is targeted at someone because of a protected characteristic or participation in a protected activity.

💰The value of bullying cases varies, depending on factors such as severity, liability, harm to the victim, and legal representation.

Q&A

What should I do if I am being bullied at work?

If you believe the bullying is unlawful, it is recommended to submit a written complaint to HR or management. Consult with a lawyer if necessary.

What are the protected characteristics that make bullying unlawful?

Protected characteristics include race, color, religion, sex, national origin, age, disability, genetic information, and more, depending on state laws.

Do I need to have proof of my perception of the bullying as abusive?

While documentation and evidence are helpful, it can be challenging to convince a jury of your perception if you did not complain or show the behavior was offensive to you.

Can I quit my job if I am being bullied?

Quitting is not recommended unless the bullying is severe or you have another job lined up. Quitting may affect the viability of your legal case.

How much are bullying cases worth?

The value of bullying cases can vary significantly and depends on factors like severity, liability, harm to the victim, and legal representation. Consult with a lawyer for an accurate assessment.

Timestamped Summary

00:00In this video, we explore the legality of workplace bullying and reveal key insights and FAQs related to the topic.

05:04Unlawful bullying occurs when an employer fails to take action against bullying by a co-worker or supervisor.

10:21Determining the value of bullying cases depends on factors such as severity, liability, harm to the victim, and legal representation.