Many people silently suffer from workplace bullying because they don’t know what to do, or they fear losing their job if they speak up. According to the Workplace Bullying Institute (WBI), as many as 32% of adults experience bullying at work, although many never report it. So, what do you need to know to protect yourself?
What Is Workplace Bullying?
Workplace bullying is generally defined as repeated, unreasonable, or inappropriate treatment that undermines an individual’s dignity or interferes with their ability to work. Bullying can take many forms, including intimidating, offending, degrading, or humiliating someone, especially in front of other employees, clients, or customers.
It’s important to note that while bullying can be extremely harmful, it is not illegal unless it involves discrimination based on a protected characteristic, such as race, gender, or religion.
What Laws Pertain to Workplace Bullying?
There is no specific federal or New Jersey law that prohibits workplace bullying by itself. However, bullying becomes unlawful when it involves discrimination or harassment based on protected categories. Under federal law—including Title VII of the Civil Rights Act of 1964—and the New Jersey Law Against Discrimination (LAD), employees are protected from mistreatment based on:
- Race
- Age
- Religion
- Gender
- Sexual orientation
- Color
- National origin
- Disability
- Sex
If you’ve been targeted or made to feel inferior by a supervisor or co-worker because of any of these protected traits, you may have a valid legal claim, not just for bullying, but for illegal workplace harassment or discrimination.
How Is Bullying or Harassment Communicated?
Workplace bullying or harassment may occur in different forms. It can be verbal, written, physical, or even digital. The conduct must generally be repeated or pervasive, interfering with your ability to perform your job. However, a single incident can qualify as harassment if it is severe enough, such as an unwanted sexual advance or an overtly racist comment.
For example, a remark about your clothing that escalates to sexual innuendo and inappropriate physical contact could create a hostile work environment and may legally qualify as sexual harassment.
What Is Harassment?
Harassment refers to unwelcome conduct based on protected characteristics like race, gender, or age. It becomes unlawful when enduring such conduct becomes a condition of continued employment or when the behavior is severe or pervasive enough to create a hostile work environment.
There are two primary forms:
- Hostile work environment harassment, where ongoing mistreatment affects the employee’s ability to work.
- Quid pro quo harassment, where job benefits are directly tied to tolerating or accepting inappropriate behavior.
What Is Retaliation?
Retaliation occurs when an employer punishes an employee for engaging in protected activity, such as:
- Reporting harassment or discrimination.
- Acting as a whistleblower.
- Refusing to participate in illegal conduct.
Retaliation is illegal under both federal and New Jersey law, regardless of whether the original complaint is ultimately substantiated. While retaliation may feel like bullying, it is more serious because it violates legal protections.
How Do I Report Workplace Harassment or Discrimination?
If you believe you are being harassed or discriminated against at work, consider the following steps:
- Speak up – If you feel safe, you can ask the person to stop.
- Report it internally – If the conduct continues or you’re not comfortable addressing it directly, report the behavior to your immediate supervisor. If the supervisor is the one causing the issue, go directly to Human Resources (HR).
- Document everything – Keep detailed records of what happened, including dates, times, what was said or done, and names of any witnesses.
- File a formal complaint – If your employer fails to take action, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR).
Employers have a legal duty to investigate harassment claims and take corrective action if misconduct is found.
Stand Up to Workplace Bullying With Help From a South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC
If you’re facing bullying, harassment, or retaliation at work, don’t face it alone. A South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC can help you understand your rights and fight back against unlawful behavior. Call 856-235-7075 or submit our online contact form to schedule a free consultation. With offices in Mount Laurel and Atlantic City, we proudly serve clients throughout Cherry Hill, Burlington County, Camden County, and across South Jersey.