Can You Sue for Workplace Bullying?
Anyone who feels emotional distress at work due to the words and actions of others may wonder, “Can you sue for workplace bullying?” As an employment law firm serving Kansas City, Dugan Schlozman, LLC, understands the nuances of these cases. Learn about situations when workers can sue an employer for bullying and what a workplace harassment lawsuit involves.
How State and Federal Laws Protect Employees From Harassment
When it comes to employee bullying, certain legal rights are in place to prevent misconduct in the workplace. The Equal Employment Opportunity Commission enforces laws to prevent workplace harassment and discrimination. The agency recognizes unwelcome conduct motivated by any of the following characteristics:
- Age (for those over the age of 40)
- Disability
- Race or color
- Sex or gender identity
- Sexual orientation
- Religion
- Medical history or genetic information
Eligible employees may have the grounds to pursue a hostile work environment claim if the harassment interferes with their job performance or contributes to adverse employment decisions, such as job termination.
What Constitutes Bullying in the Workplace?
Employees may endure bullying from their colleagues, supervisors, or clients. Various words and actions are seen as bullying behaviors, including:
- Taking someone’s belongings
- Taunting and teasing
- Spreading rumours about a worker
- Threatening harm
- Embarrassing someone intentionally
- Punching or hitting
Can you sue for workplace bullying if someone at your job acts this way toward you? Explore your legal options with a lawyer who can determine if the misconduct violates employment rights.
For example, you could have grounds to sue if you’re above the age of 40 and have colleagues frequently taunt you about your age to the point that it creates a hostile work environment. But bullying over things not related to your membership in a protected class may not be actionable. Explore your legal options to understand the difference between bad management and illegal management.
How To Mitigate Workplace Bullying and Harassment
If your job performance and employment opportunities suffer because of bullying or harassment, there are a few ways you can navigate the situation. Consider the following options:
- Document each instance of misconduct: Save emails containing derogatory language and write down hurtful verbal comments made or unwelcome actions.
- Speak with an HR representative: Try to alleviate the situation internally by notifying your company’s human resources department.
- File a complaint: All employees must file complaints with the Equal Employment Opportunity Commission in an attempt to resolve disputes. If you work for the Federal government, you must contact your EEO office within 45 days.
- Open a lawsuit: In some cases, filing a lawsuit may be an option. An attorney can determine whether your case fits the criteria for taking legal action.
Consult an Employment Attorney To Discuss Filing a Lawsuit Against Your Employer
Can you sue for workplace bullying? How can you prove instances of gender discrimination in the workplace? An experienced employment attorney can answer these questions and more.
If you’re the victim of misconduct in the workplace, a knowledgeable attorney can review the details of your case and recommend a legal strategy for your unique situation. Contact Dugan Schlozman, LLC, at (913) 374-6351 to schedule a consultation today.
