by Kathy Bray, Esq.
When you hear the word “bullying” do you think of a child being taunted on the playground, or a teen being harassed online?
Unfortunately, bullying doesn’t end with childhood. The Workplace Bullying Institute estimates that 60.3 million U.S. workers are affected by bullying.
As an employer, running an inclusive, respectful and bully-free workplace can help your employees and your organization thrive.
The following are some basics for employers on workplace bullying and how to prevent it.
What is workplace bullying?
Workplace bullying is repeated, health-harming mistreatment by one or more employees of an employee: abusive conduct that takes the form of verbal abuse; or behaviors perceived as threatening, intimidating, or humiliating; work sabotage; or in some combination of the above, according to the Workplace Bullying Institute.
What can employers do to prevent workplace bullying?
As an employer, you can institute policies and procedures to make your workplace welcoming for all. Take the following steps to promote a workplace that supports an open exchange of ideas, without fear of belittling or disrespect:
- Employ intentional hiring and promotional practices that recognize and reward positive interpersonal relationship traits
- Call references and past employers, and ask about whether the job candidate exhibited threatening or violent behavior
- Do a thorough criminal background check
- After hire, make anti-bullying and anti-harassment training part of your orientation process. Make sure your anti-harassment and business conduct policies include multiple avenues for reporting concerns
- A retaliation policy is also important. By clearly prohibiting retaliation against anyone who reports a violation of the law or company policy, you’ll not only make it more likely that someone will come forward if they’re being bullied, but also remind employees that it may be illegal to discriminate against a good faith complaint reporting a violation of company policy
Consult with your legal counsel to lawfully structure your policies and procedures regarding workplace bullying.
Is it illegal?
That depends on the situation. If the bullying is based on race, color, religion, gender (including pregnancy), national origin, age (40 or older), a disability or genetic information it’s possible it could be a form of harassment , which is illegal. If you are operating in one of the 22 states or the District of Columbia with laws expressly preventing discrimination based on sexual orientation (e.g., Minnesota, Iowa, Wisconsin), bullying on that basis also could be actionable. Physical violence and threats are also illegal.
There’s a national campaign to pass a Healthy Workplace Bill , which would make workplace bullying illegal and allow workers to sue their bullies individually. The bill has been introduced in 30 states, according to the Workplace Bullying Institute website, but Puerto Rico is the first in the United States to enact a workplace bullying law, which was signed into law in August 2020 .
What does workplace bullying have to do with workers’ compensation?
Under the Occupational Health and Safety Act of 1970 , employers are required to provide a safe workplace. One aspect of workplace safety is addressing the risk of workplace violence , which OSHA defines as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.”
Getting employees back to work as soon as they are medically able is an important goal following an occupational injury. Creating a safe and positive workplace will increase the likelihood of return to work success.
Conclusion
Employees have a right to a safe workplace.
And employees who feel welcomed and happy are likely to be more productive, develop stronger relationships with their coworkers, and overall be more satisfied with their work. For more, read our blog, Why employee happiness is so important.
Originally published in July 2021; updated in September 2024.
