And while isolated comments or incidents may not be legally actionable, conduct that creates an offensive or hostile work environment is illegal, and you do not have to be a victim. To be illegal, bullying must meet the legal definition of harassment, discrimination, or workplace hostility. It is not against the law to make a dumb mistake or to say something awkward – nobody’s perfect. WHEN IS WORKPLACE BULLYING AGAINST THE LAW?Įmployees, however, should clearly understand that the law does not absolutely prohibit all inappropriate comments or incidents. FEHA protects employees in California from employer discrimination and from on-the-job sexual harassment.Įmployers are legally obligated to try to eliminate workplace discrimination and on-the-job sexual harassment through training, supervision, and by establishing appropriate practices and enforcing appropriate policies. The California Fair Employment and Housing Act of 1959 – FEHA – applies to almost all employers in this state who have five or more employees. At the federal level, the Civil Rights Act of 1964 prohibits employers with fifteen or more employees from discriminating on the basis of an employee’s national origin, religion, race, or gender.Ģ. If you work for someone else as an employee in this state, you have extensive employment rights that are protected under these federal and state laws:ġ. WHAT LAWS PROTECT WORKING PEOPLE IN CALIFORNIA? Instead, let an attorney do all of the talking on your behalf. But in real life, you’ll probably embarrass yourself and lose your credibility. Don’t lose it: Actors like Dustin Hoffman and Al Pacino always deliver great lines when they argue with the boss in a movie. Instead, talk to your own lawyer about your case.ĥ. Don’t be your own lawyer: Do not argue with an employer regarding the law. If your case goes to court, good witnesses can make all the difference.Ĥ. If you are bullied at work, identify and talk with anyone who witnessed the incident. Work through the system: Before you take a harassment or discrimination case to court, you must make every reasonable effort to resolve the case through other channels outside of the legal system.ģ. If your case eventually goes to court, you will need documentation that supports your claim.Ģ. Put everything in writing: If you make a complaint about bullying to your supervisor or HR department, do it in writing. WHAT SHOULD YOU KNOW BEFORE YOU SUE AN EMPLOYER?īefore you file a lawsuit against your employer for harassment, discrimination, or a hostile work environment, and before you take any other action, keep these tips in mind:ġ. If you and your attorney take legal action against workplace bullying, you could be compensated monetarily for the harm that you have suffered. If you are a target of workplace bullying, discuss your circumstances at once with an experienced San Francisco employment rights attorney. When an employer fails to protect employees, the employer may be held vicariously liable for the damages that an employee has sustained. ARE EMPLOYERS OBLIGATED TO PREVENT WORKPLACE BULLYING?Įmployers have a legal duty to ensure that their employees are protected from harassment, discrimination, and a hostile work environment. It can threaten a person’s economic livelihood and that person’s ability to support his or her family. Workplace bullying results in more than just hurt feelings. However, if you can prove that the workplace bullying you are experiencing constitutes harassment, discrimination, or a hostile work environment, you may have grounds for taking legal action. IS THERE A SPECIFIC LAW AGAINST WORKPLACE BULLYING?Ĭurrently, no state has a law that specifically forbids bullying in the workplace. Researchers at the University of Phoenix tell us that nearly three out of four employees in the United States have either witnessed workplace bullying or have been targeted by it. It is abusive conduct that is threatening, humiliating, or intimidating, and interferes with work performance.” The Institute provides this definition: Workplace bullying is “the repeated, health-harming mistreatment of someone. This is where a San Francisco harassment attorney can help. workplaces than either sexual harassment or racial discrimination. According to the Workplace Bullying Institute, bullying is four times more common in U.S. Are you being bullied at work? If so, understand these two facts: you are not alone, and you did not cause the bullying to happen.
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