When Workplace Bullying Violates NC Law
Workplace bullying is a serious problem in North Carolina and other states nationwide, creating unfavorable working conditions for individuals subjected to it, and others. Learn to recognize this behavior and what legal options you can pursue when a coworker or manager makes your work environment intolerable.
What Qualifies as Bullying in the Workplace?
Workplace bullying is abusive behavior, by a supervisor, coworker, or group of other employees, that targets an individual. The Workplace Bullying Institute defines workplace bullying as “repeated, health-harming mistreatment” of an employee by one or more other employees. That mistreatment may include “verbal abuse or behaviors perceived as threatening, intimidating, or humiliating; work sabotage; or some combination of the above.”
Many people in your workplace may take part in bullying that is easy to recognize, including:
- A manager speaking only in passive-aggressive sarcasm
- A supervisor habitually shouting at subordinates
- A coworker incessantly telling racially motivated or sexually charged jokes in the breakroom
- An office jokester who uses any opportunity to embarrass or humiliate a cubicle mate
Bullying can take more subtle forms, as well. Name almost any workplace in North Carolina and you’ll see examples of bullying used to gain an advantage. Examples of this include ignoring subordinates, undermining colleagues, shutting others out of critical workplace conversations and communities, and gaslighting superiors. When faced with open discussions about their behavior, the aggressors often engage in diversion and minimization. by saying,“It’s just a joke,” or “I didn’t mean anything by it,” and claiming, “Everyone is oversensitive.”
The Impact of Workplace Bullying
The effects of workplace bullying extend well beyond the worksite or office. Bullying at work can create a stressful cycle that affects your health and your relationships outside of work. It can cause, or aggravate, anxiety and depression. Dealing with a tormentor every day is exhausting, leaving little energy for activities that give you joy. In turn, the stress, anxiety, and depression grow worse.
Workplace Bullying Is Not Illegal in North Carolina
Unfortunately, North Carolina laws on harassment in the workplace do not include bullying. Although a number of states have drafted legislation to make workplace bullying illegal, only Puerto Rico has passed a bill. No federal law makes bullying broadly unlawful or requires an employer response.
Responding To Intimidators at Work
Victims of bullying are not left without recourse. Persistent, harmful bullying behavior may leave bullies open to suits for intentional infliction of emotional distress, assault, or other claims. And the employer who does not act to end the behavior can be held liable for negligent supervision and other claims.
Workplace Bullying vs. Unlawful Harassment in North Carolina
When bullying behavior crosses the line into harassment, North Carolina law applies. Bullying and harassment are quite similar in everyday language, but harassment has a particular meaning in the law. Harassment is a pattern of continued, unwanted actions toward another person because of the target’s membership in a protected class.
In other words, while bullying in general is not illegal, bullying based on someone’s race, gender (including gender identity and sexual preference), age, national origin, or religion is illegal. And an employer who does not act to stop these forms of bullying in the workplace can be held accountable—under both federal and North Carolina state law—for creating a hostile work environment.
It’s not easy to win a workplace harassment claim. The burden of proof is on the employee to show not only that the bullying occurred but also that it was based on a protected category and that the employer knew of the problem and failed to act to stop it. The employee must also prove that the bullying was severe enough that a reasonable person would find it intolerable.
When To Seek Legal Help
If you’ve been subjected to workplace bullying, and your employer has refused to address the problem, you should consult an attorney. An employment law attorney can help determine whether you may have a civil rights case or a personal injury claim and advise you on how to proceed to preserve your rights. And if the bully has violated North Carolina laws on workplace harassment, our attorneys can pursue other legal action against them or your employer.
When you’re ready to put an end to bad behavior and enjoy your work life again, contact the attorneys at Miller Law Group for a consultation.
