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Frequently Asked Workplace Bullying Questions

What is bullying
Society of Human Resource Management defines bullying as "...repeated, health-harming mistreatment of one or more people by one or more perpetrators. It is abusive conduct that includes:

  • Threatening, humiliating, or intimidating behaviors.

  • Work interference/sabotage that prevents work from getting done.

  • Verbal abuse.

  • Bullying is usually power-based such as leader targeting subordinate. But bullying can be colleague-to-colleague or subordinate-to- leader.  

(SHRM Workplace Bullying Policy, 2024) 

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What are federal and state protections
Bullying may fall under harassment in the EEOC context. The hurdle is high with this approach.

Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. o be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.
 
The harassment must be based on protected categories in the form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).  - Equal Employment Opportunity Commission, https://www.eeoc.gov/harassment
 

Why is an anti-workplace bullying law needed
Targets need protections from individuals, groups, and employers who engage in bullying and/or support and allow bullying behavior. Targets need to be able to access administrative, criminal, and civil legal processes to address bullying. Also, targets should be able to record bullying without notifying others of the recording.
 

How to deal with bullies: subordinates, colleagues, supervisor, leadership
There are lots of advice sources available on the web that can be summarized as follows:

  • Start with bully-proofing your work by developing key relationships and creating goodwill with colleagues and leadership.

  • Use workplace policies and procedures to direct your work and become known as one who plays by the book and is impartial.

  • Get to know your company's policy on workplace conduct.  

  • Start informally by speaking with the bully.

  • Make management or HR aware. In many instances, it is not possible to confront the perpetrator head on.

  • Collect and keep any evidence.

    • Keep a record of the date, times, place, details, and names of any witnesses of any bullying could prove invaluable if anyone asks you to substantiate your claims.

    • Save any horrible emails, texts, messages, documents, etc. and document the times you have been left out of relevant meetings, given too much work, unfairly evaluated, and had duties taken away.

    • Record interactions if you are threatened or if you are in a single-person recording notice State.

  • Find someone to talk to. Bullying is a stressful thing to go through alone.  

  • Make an official complaint. You can seek to make an official complaint via the employer's grievance procedures. Your employee handbook will detail this process.

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When to quit or sue
If you have tried everything possible to resolve the situation with no improvement, then it is time to leave. If you have objective evidence under EEOC regulations, you can file a complaint based on protected class.
 

Resources: mental health, legal, virtual support

Use your benefits to seek professional support. The internet provides access to companies who provide mental health support. Some cities provide mental health support that is free or low-cost mental health support - check with your local health department.

 

There are attorneys who deal with workplace issues that you can consult. Candidly, there is little to know legal help available for workplace bullying that does not violate current laws such as civil rights laws or laws such as assaults, damage to property, or actionable threats. These violations happen but a rare or unprovable.

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How to get involved in stopping workplace bullying

         You can many ways:

  • Share your story with JAAWB – Click Here

  • Share JAAWB social media content – YouTube, Facebook, LinkedIn

  • Participate in getting a law passed in your State and federally – Click Here to be placed on our State-specific volunteer list - COMING SOON

  • Donate to the JAAWB movement- Click Here- COMING SOON

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