What does CA Law Say About Bullying in the Workplace?

Bullying has received a lot of national attention recently. Adolescent and school-aged bullies can cause significant and lasting damage to their victims, and more than ever before our society is admonishing bullies and empowering victims and allies to step forward and stand up for themselves. This is a fantastic development for the children of today, but as many adults will tell you, bullying does not end when school does. 

Workplace bullying and harassment is a real issue affecting thousands of employees across the nation. In the state of California, workers are legally protected from bullying when the harassment is based on certain protected characteristics. These characteristics include race, disability, religion, sex, gender identity, marital status, sexual orientation, or pregnancy/fertility. Actions taken in response to these protected characteristics can be considered bullying. Those actions can include but are not limited to jokes, derogatory commentary, innuendo, physical touch and hitting, verbal or implied threats, visual bullying (i.e. inappropriate signage), repeated or aggressive requests for sexual behaviors, and/or favoritism based on a protected characteristic.

If you believe you are being bullied in the workplace, it is important to understand what your protected characteristics are, and how those characteristics are being used to victimize you. Fortunately, there are several pieces of legislation designed to protect you. Those laws include:

•     Title VII of the Civil Rights Act of 1964
•     The Americans with Disabilities Act
•     The Age Discrimination Act
•     The Fair Employment and Housing Act
•     The California Constitution

In California, you are likely to be awarded the most damages under the Fair Employment and Housing Act (FEHA), which is a state law that governs discrimination and bullying enacted against employees, interns, applicants, and some independent contractors. This law covers all private, state, and local employees.

If you would like to discuss the details of your potential bullying case, call us today. We promise to review the details of your experience, and to help you seek the damages you deserve.