Is Workplace Bullying Illegal?

workplace-bullyingBullying is inherently a vague and relative term. Different people and different employees may mean very different things by referring to someone’s harsh treatment as bullying. However, generally – workplace bullying and other types of unfair treatment at work are not against the law, unless there is specific evidence that the underlying reason for bullying is discriminatory or retaliatory. Otherwise, being treated badly, being yelled at, being micromanaged, being given unreasonable amount of work and unreasonable deadlines to complete that work, etc., does not violate any specific laws, except in those extreme cases, which involve violence or credible threats of violence by a co-worker or a manager.

The courts and the legislature made it clear over and over that their job is not to interfere with the personal relationships at work, or police internal conflicts between employees or between employees and management. Their job is to only prevent or punish those who violate anti-discrimination laws, anti-retaliation laws, and certain specific civil rights, provided for by law and by the constitution. Being bullied for personal reasons, however hurtful and unfair it might be, does not fall into those categories of illegal acts.

Sometimes, it’s not so clear whether you are being bullied for personal reason or whether discrimination or retaliation play a role in the way you are being treated, and proving that bullying involves illegal discrimination requires careful analysis of all the surrounding facts, including the timing of bullying relative to other events. For instance, if the manager treated the employee well up until that employee complained about harassment or discrimination, and then everything changed, and the same manager turned into a bully – this might very well be a sign of unlawful type of bullying, i.e. retaliation.

If you believe that you are being subjected to workplace bullying and you are not sure whether it involves illegal conduct by your employer, you should discuss your situation with an experienced employment lawyer. The attorney should be able to guide you through what your best legal and practical options are in your specific situation.