When Bullying Constitutes Unlawful Discrimination at Work

If you are being bullied at work, you may be wondering if the behavior you are experiencing violates state or federal law (and whether you can file a claim to make the bullying stop). In general, the act of bullying in itself is not unlawful in Florida or under federal law. However, there are many different types of circumstances in which bullying does become unlawful because it constitutes unlawful discrimination. When does bullying become unlawful discrimination?

No State or Federal Laws Prohibiting Bullying 

Some states have enacted laws that prohibit workplace bullying without attention to protected characteristics (as we will explain below). In Florida, however, general bullying is not unlawful since there are no state or federal laws that prohibit it.

What is bullying? According to the American Psychological Association (APA), bullying “is a form of aggressive behavior in which someone intentionally and repeatedly causes another person injury or discomfort.” The APA clarifies that bullying can occur in-person or remotely (the latter often known as cyberbullying), and it “can take the form of physical contact, words, or more subtle actions.” Under Florida state and federal law, when does bullying become unlawful?

When an Employee is Bullied Because of a Protected Characteristic 

Bullying becomes unlawful when the bullying behavior is based on an employee’s protected characteristic. There are many types of protected characteristics under state and federal law, including but not limited to:

• Race;
• Religion;
• Sex;
• Gender;
• Pregnancy;
• Ethnicity;
• National origin;
• Genetic information;
• Age (for those 40 and over); and
• Disability.

To be clear, if bullying is based on one of the above protected characteristics (or another protected characteristic), it certainly may constitute unlawful discrimination. However, bullying based on characteristics that are not protected under state or federal law — such as your political position, your level of education, or the clothes you wear (unless they are associated with a religion, ethnic group, or another protected identity) — will not be unlawful under state or federal law.

It is essential to know that unlawful bullying that constitutes prohibited discrimination can be actionable whether it is perpetrated by a boss or manager or supervisor, as well as a range of other people in your workplace such as co-workers or even clients or customers. This kind of bullying based on a protected characteristic may give rise to a hostile work environment claim under state or federal law, depending on your particular circumstances.

Contact Our Palm Beach Gardens Employment Discrimination Lawyers 

If you have been bullied at work based on a protected characteristic, it is essential to seek legal advice as soon as possible. This kind of bullying may be a form of unlawful discrimination under state or federal law, and you may be eligible to file a claim. Not only can a claim put a stop to this conduct, but you also may be eligible to receive additional damages. One of the experienced Palm Beach Gardens employment discrimination attorneys at Sconzo Law Office can discuss your case with you today. Contact us to learn more about the ways we assist employees facing discrimination in South Florida workplaces.

Sources:

apa.org/topics/bullying

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760ContentsIndex.html

eeoc.gov/statutes/title-vii-civil-rights-act-1964

archive.ada.gov/ada_title_I.htm