Malcolm Rivera
Bullying is always harmful and wrong, but when the target is a member of a protected class, it can rise to the level of prohibited harassment. Protected classes are groups of people who are protected by federal or state anti-discrimination laws. When bullying occurs against someone in a protected class, it can provide victims with legal rights and remedies, including the right to recover compensation. This is because the bullying is now considered a form of discrimination, which is prohibited by law. While there are no specific laws against bullying, victims can seek protection under traditional anti-harassment and anti-discrimination laws.
| Characteristics | Values |
|---|---|
| Bullying in the workplace | Harassment |
| Bullying in schools | Harassment |
| Protected classes | Race, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information |
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What You'll Learn
Workplace bullying and protected class
Bullying in the workplace is not illegal in the US unless it involves harassment based on race, colour, religion, national origin, sex, age (over 40), marital status, disability, sexual orientation/gender identity, Veteran/military status or any other protected class. Federal laws protect employees on the basis of age, sex, race, colour, religion, national origin, and disability. State laws often include additional categories such as sexual orientation.
Bullying itself may not be unlawful, even if the offensive conduct includes cursing or other verbal intimidation. However, if the conduct includes offensive remarks based on the victim’s membership in a protected class, it may create a hostile work environment for the victim. Some courts have found that the totality of circumstances should be considered. In other words, if the overall bullying is, in fact, quite severe and pervasive, and if the bullying includes even occasional references to protected status, it could still create an unlawful hostile work environment.
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Legal rights and remedies for victims
Bullying in the workplace or in schools is always harmful and wrong, but it can also be against the law. When the target of bullying is a member of a class protected by federal or state anti-discrimination laws, it can rise to the level of prohibited harassment, providing victims with legal rights and remedies.
If you are the victim of bullying, it is important to take immediate advantage of company policies and procedures to investigate and improve a hostile work environment. Otherwise, the employer may claim that the employee unreasonably failed to take steps to stop the harassment.
In schools, a school that fails to respond appropriately to harassment of students based on a protected class may be violating one or more civil rights laws enforced by the ED and the DOJ.
Victims of bullying who are members of a protected class have the right to recover compensation.
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Company policies and procedures
Bullying in the workplace is always harmful and wrong, but it can also be against the law. Bullying becomes prohibited harassment when the target is a member of a protected class and the abusive conduct is based on that status. For example, if a supervisor yells at and threatens women for minor mistakes but allows men to get away with similar or worse conduct, this could amount to unlawful gender-based harassment.
It is important for companies to create a safe and respectful work environment for all employees. This includes establishing clear policies against bullying and harassment and ensuring that supervisors and managers are trained to recognise and address such issues. Supervisors who participate in or turn a blind eye to misconduct can create a hostile work environment that may support a discrimination claim under federal law.
To prevent bullying and harassment, companies should promote a culture of respect and inclusivity, where employees feel valued and supported. This can be achieved through regular training and awareness programmes that educate employees about their rights and responsibilities, as well as the company's policies and procedures for reporting and addressing bullying and harassment.
Additionally, companies should ensure that their reporting procedures are accessible and confidential, allowing employees to report incidents without fear of retaliation. Once a report is made, companies should take immediate and appropriate action to investigate and resolve the situation, following established company policies and procedures. This may include disciplinary action against the bully, as well as support and assistance for the victim to ensure their well-being and ability to continue performing their job.
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Civil rights laws
Bullying is always harmful and wrong, but it can also be against the law when the target is a member of a protected class. Federal civil rights laws prohibit discrimination based on protected characteristics, such as race, colour, national origin, sex, disability, or age. When bullying occurs in the workplace or in schools, it can rise to the level of prohibited harassment if it is directed at someone because of their membership in a protected class. This means that victims may have legal rights and remedies available to them, including the right to recover compensation.
In the United States, numerous bills have been drafted to address workplace bullying, but none have yet become law. However, victims of bullying can seek protection under traditional anti-harassment and anti-discrimination laws, which prohibit discrimination based on membership in a protected class. For example, if an employee is being bullied at work, they should take advantage of company policies and procedures to investigate and address the issue, even if they do not believe in the integrity of those procedures. Otherwise, the employer may claim that the employee failed to take reasonable steps to stop the harassment.
In schools, civil rights laws enforced by the ED and the DOJ prohibit discrimination based on protected characteristics. A school that fails to respond appropriately to harassment of students based on a protected class may be violating civil rights laws. For example, if a student is being bullied because of their race, the school has a responsibility to take action to stop the bullying and ensure the student's safety.
Overall, while bullying is not always illegal, it can rise to the level of prohibited harassment when it is directed at someone because of their membership in a protected class. In these cases, victims may have legal rights and remedies available to them under civil rights laws. It is important for individuals to be aware of their rights and to take action to stop the bullying and seek justice.
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Harassment without a protected class
Bullying in the workplace is always harmful and wrong, but it is not always illegal. However, when the target of workplace bullying is a member of a protected class, it can rise to the level of prohibited harassment and provide victims with legal rights and remedies, including the right to recover compensation. Protected classes are groups of people who are protected by federal or state anti-discrimination laws. These laws are in place to prevent discrimination and harassment based on membership in a protected category.
If an employee is the victim of bullying, it is important for them to take advantage of company policies and procedures to investigate and improve a hostile work environment. This is true even if the employee does not believe in the integrity of those procedures. If the employee does not take steps to stop the harassment, the employer may claim that they failed to take reasonable action.
While numerous bills have been drafted to address the problem of workplace bullying, none have yet become law. As a result, victims of bullying who are not members of a protected class may only have traditional protections against harassment and discrimination available to them.
In schools, the types of discrimination prohibited are the same as those prohibited by federal civil rights laws. A school that fails to respond appropriately to harassment of students based on a protected class may be violating civil rights laws enforced by the ED and the DOJ.
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Frequently asked questions
Bullying is always harmful and wrong, but it only constitutes harassment when the target is a member of a protected class.
A protected class is a group of people who are protected by federal or state anti-discrimination laws.
Protected classes include categories such as race, religion, gender, and disability status.
Victims can take advantage of company policies and procedures to investigate and improve their work environment. They may also have legal rights and remedies, including the right to recover compensation.
