The Truth About California's Workplace Bullying - Know Your Rights!

What are the rights of Californian employees against workplace bullying? 

WHAT COMPRISES WORKPLACE BULLYING?

Workplace bullying’s definition is persistent and degrading mistreatment within a work environment. Instances of bullying encompass:

• Use of verbal abuse and derogatory epithets.
• Intimidating or humiliating conduct, including the use of offensive jokes.
• Interference with the victim's work unrelated to the employer's legitimate business interests.
• Cyberbullying.

It can encompass a range of behaviors, from explicit threats to jokes and teasing. Workplace bullying does not necessarily require malicious intent from the perpetrator, as what one person may consider “harmless jokes” could be perceived as damaging bullying by another.

Usually, California courts assess whether the 'bullying' has created a hostile work environment for the individual targeted. To prove the existence of a hostile work environment, California courts evaluate the gravity, pervasiveness, and overall context of the behavior. The more severe, frequent, and uncommon the instances of bullying, the greater the likelihood that the victim experienced a hostile work environment, leading to potential legal responsibility for their employer.

TYPES OF WORKPLACE HOSTILITY:

California legislation acknowledges both physical and non-physical forms of bullying and harassment, which include:

• Physical Bullying: Encompassing actions like physical assault, unwarranted touching, or other forms of physical aggression.
• Verbal/Non-Physical Bullying: Encompassing verbal abuse, intimidation, threats, offensive language, or derogatory comments that contribute to a hostile work environment.

It is important to learn to differentiate bullying from other similar terms like discrimination or harassment because this helps us understand the severity of it and the legal course to take.

As mentioned before, bullying in itself is not illegal, the why is what’s important: bullying is not a legal offense as long as it doesn’t focus on protected characteristics, when it does it escalates to harassment, which in turn could be considered discrimination when it’s affecting the employee's career and growth within the company, i.e. passing them from promotions and raises, poor performance reviews due to bias and prejudices and even wrong termination.

WHAT PROTECTIONS ARE THERE?

In California, workplace bullying itself is not considered illegal. However, workplace behavior crosses into illegality when it includes discrimination or harassment based on protected characteristics such as race, disability, religion, sex, gender identity, marital status, sexual orientation, or pregnancy.

Even though there is no dedicated anti-bullying law in California, employees have the right to pursue legal action if instances of workplace bullying escalate into harassment or discrimination. This protection is offered under the California Fair Employment Act (FEHA), the Americans with Disabilities Act (ADA), or Title VII of the Civil Rights Act of 1964.

Other laws that can aid a workplace bullying lawsuit are:

• Occupational Safety and Health Act (Cal/OSHA): Cal/OSHA mandates that employers provide a safe and healthy work environment. Although it does not explicitly address bullying, severe cases of workplace bullying that generate a hostile and unhealthy atmosphere could be addressed through Cal/OSHA.
• Whistleblower Protections: California extends protection to employees reporting employer violations of laws, rules, or regulations. If workplace bullying is associated with a whistleblower scenario, these protections may come into effect.
• Common Law Protections: Workplace bullying might give rise to claims based on common law theories such as intentional infliction of emotional distress or negligence. These claims can be intricate and contingent on specific circumstances.
• Company Policies: While not legally mandated, many employers institute policies against bullying and harassment. Violations of these policies may result in corrective actions within the company.

COURSE OF ACTION

Employees facing workplace bullying in California have legal options to safeguard their rights and pursue relief:

• Internal Reporting: Employees should report instances of bullying to their immediate supervisor, the human resources department, or another designated authority within the company.
• Documentation: Keeping a detailed record of incidents, including dates, times, specifics, and any witnesses, can bolster a potential legal claim.
• Filing a Complaint: If internal reporting does not end in a satisfactory resolution, employees can file a complaint with relevant government agencies, such as the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
• Legal Action: In certain situations, employees may choose to take legal action against their employer for inadequately addressing workplace bullying. This may involve filing a lawsuit to seek damages for emotional distress, lost wages, and other associated losses.

CONCLUSION

If you find yourself in an unfair work situation, remember that you have resources. Consult with LFECR, an experienced employment law firm that can provide guidance, support, and legal representation to help you pursue justice and hold your former employer accountable for their actions. With the right legal counsel, you can navigate the legal process and work towards a fair resolution. 

If you or someone you know is seeking support, our experienced labor rights lawyers at Lawyers for Employee and Consumer Rights are here to guide you toward a resolution that upholds your rights and dignity. Call 844-697-4448 today for a free and confidential consultation to get the help you need and deserve.