Is Your Boss Bullying You?
Workplace bullying is common and it can take many forms of unacceptable behavior on the part of both employers and employees. Often, bullying can be malicious behavior such as insults, threats, profane outbursts, demeaning remarks and ostracism. Other more subtle forms are deliberately providing incorrect work information or providing unclear and contradictory instructions. However, none of these acts are a violation of California law unless it can be shown that they are based on a prohibited reason. Among the prohibited reasons are race, ethnicity and religious biases.
To claim that bullying is provoked by racial prejudice, it must be demonstrated that the act is done with “racial animus” which means that the bullying is done because of the subject’s race. Racial bias is another term, but simply possessing racial bias is not illegal unless this bias causes one to act with malice towards people of another race. The same criteria apply to ethnicity and religious biases.
California enacted an anti-bullying legislation in 2003. This law protects what is referred to as a protected category of people meaning gender, race and religion. However, proving a claim of workplace bullying is not easy, but there are steps an employee should take to establish a claim successfully.
The first step is to report the bullying according to the procedures outlined in the employer’s published anti-discrimination policy, and give the employer a chance to correct the problem. Failing to do this will mean that you will fail in any attempt to sue for the violation. The report should document the claim fully. Make sure to avoid what might be called petty bickering. The report must be in writing, and it should be titled “A Formal Complaint of Illegal Bullying.” Clearly state why the bullying is considered to be against a protected class; i.e., race, religion or ethnicity. This is still a good procedure to follow even if the employer does not have a published policy.
The employer has a duty to correct the bullying behavior, but the employer is not obligated to fire the person at question. However, if you continue to be mistreated, then you should file a claim and seek the help of an experienced attorney. The California Fair Employment and Housing Commission has held that an employer can be liable for not taking every reasonable step to prevent bullying. The California law is complex, and legal counsel may be needed to determine if an act is prohibited by the law.
If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.
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