You have probably dealt with a difficult coworker at some point in your career. But when does workplace bullying cross the line from annoying behavior into illegal territory? Understanding the difference can help you determine your next steps.
When does bullying become illegal discrimination?
Not all workplace bullying is illegal, even when it is awful. In most cases, being mean, rude or unprofessional is typically not against the law. However, the situation could change when bullying targets you because of protected characteristics.
Federal law prohibits harassment based on race, color, religion, sex, national origin, age, disability or genetic information. If your bully singles you out because of any of these factors, their behavior might violate civil rights laws. For example, if someone constantly makes derogatory comments about your ethnicity or mocks your religious practices, that could constitute illegal harassment.
The key question is whether the conduct is severe or pervasive enough to create a hostile work environment. Isolated incidents usually do not meet this threshold, but a pattern of targeted behavior might.
What about other types of workplace bullying?
If the bullying is not based on a protected characteristic, it is probably not illegal under federal law. Georgia does not currently have a specific law that addresses general workplace bullying, so protections beyond federal standards are limited.
That said, you might still have options. Your employer’s policies could ban bullying behavior even when it is not illegal. Some companies may have rules of conduct or anti-harassment policies that go beyond legal requirements.
If the bullying involves threats of violence or actual physical harm, consider reporting it to HR or management. The same goes if it gets in the way of your ability to do your job. Some behaviors might also break other laws, such as assault or stalking laws.
Protecting yourself at work
If you are experiencing workplace bullying, consider documenting the incidents with dates, times and witnesses. Review your employee handbook to understand company policies.
Exploring your options, whether that means reporting to HR or even finding a new job, can help you regain control of your professional life.