Workplace Bullying vs Harassment: Understanding the Legal Difference
In an age where workers face increasingly complex workplace challenges, understanding your rights is essential. Workplace bullying is awful, but is it illegal? Learn the legal difference.
Key takeaways
Harassment is illegal only when based on a protected characteristic
General bullying is not covered by federal law
Some states are beginning to pass anti-bullying legislation
Bullying targeting a protected characteristic is illegal harassment
What Is Workplace Harassment Under the Law
Illegal harassment is unwelcome conduct based on a protected characteristic that is severe or pervasive enough to create a hostile work environment. The key element is the connection to a protected characteristic.
What Is Workplace Bullying
Bullying involves repeated, health-harming mistreatment such as verbal abuse, threats, humiliation, or sabotage. If not motivated by a protected characteristic, it generally falls outside federal employment law.
When Bullying Crosses the Line
Bullying becomes illegal when it targets you because of a protected characteristic. Consult an employment lawyer to determine whether your situation has legal remedies.
Frequently Asked Questions
Can I sue for workplace bullying?
Under federal law, generally not unless connected to a protected characteristic. State law, constructive dismissal, or workers comp may provide remedies.
What if bullying is causing mental health problems?
Document the bullying and its impact. Some situations raise separate benefits or safety questions, but an employment-law claim usually depends on protected status, retaliation, or another legal violation.
Should I report bullying to HR?
Yes. It creates a paper trail and gives your employer the opportunity to address it.
Primary Sources
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