How to Handle Workplace Bullying in California?
In California, there are no specific laws against workplace bullying. It does not mean you can not protest against workplace mistreatment. Instead of an anti-bullying law, you will be protected by the California Fair Employment and Housing Act (FEHA), the Americans with Disabilities Act (ADA), and Title VII of the Civil Rights Act of 1964. If you face consistent bullying that takes the form of harassment or discrimination, you can take legal steps under California employment laws. Here are some guidelines for you to tackle the situations of bullying in the workplace.
Categories of Workplace bullying
- Verbal abuse
- Humiliating behavior
- Offensive jokes
- Cyber-bullying
- Sabotage of work performance
- Interference with the worker’s job though it is not related to the employer’s reasonable business interest
How to protect yourself against workplace bullying?
Consult an experienced attorney
California does not have any specific laws against workplace bullying. But as a victim of workplace bullying, you can take legal steps to protect your employee rights. You must consult an employment attorney first to get proper guidelines about your situation. The California labor and employment lawyer will help you understand if your situation violates California employment laws. Then you can take legal steps based on the decision. For example, if workplace bullying costs you the job, you can protest under the FEHA retaliation laws or California wrongful termination laws.
File complaints with CRD
After determining the category of your incident, you can file a complaint to the California Civil Rights Department (CRD) regarding your issue. They will receive your complaint and conduct further investigation. Then you will be compensated for the harassment if they find your complaint fair and sensible.
File a lawsuit in the court
You can also file a lawsuit in court against workplace bullying and harassment. As you can not file a case directly under ca workplace bullying laws, you can address the issue under the FEHA act as workplace harassment or discrimination.
Sue the abuser
As a victim of workplace bullying and harassment, you can sue the abuser who harassed you. You can also sue the company’s employer if he does not resolve the issue with responsibility.
Can you sue an employer for workplace bullying?
Unfortunately, you can not sue your employer only based on the bullying issue. However, you can sue the employers when the bullying is workplace harassment, like hostile work environment harassment. You can sue him when the harassing conduct is severe. The severance of such conduct depends on:
- The nature of the conduct
- How often and for how long is it happening
- If it was threatening or humiliating
- Circumstances surrounding the harassment
These factors indicate a hostile work environment. If your situation aligns with these, you can sue your employer.
Final Words
The above write-up provided state laws against workplace bullying to protect the victim’s rights. You can follow these procedures to fight back in a similar situation. It’s important to assess your specific circumstances and seek appropriate advice. By being aware of your rights, documenting incidents, and taking proactive steps, you can empower yourself in the fight against workplace bullying.
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