How to Handle Workplace Bullying in California?
Are you verbally abused in your workplace? Or are you being humiliated by your employer and coworkers? Taking legal action against such workplace bullying is a good idea. It is important to highlight that no specific law exists that prevents workplace bullying, which is what presents a problem. But your rights as an employee are protected by the California Fair Employment Act (FEHA), the Americans with Disabilities Act (ADA), and Title VII of the Civil Rights Act of 1964. You can seek help under these laws if workplace bullying becomes harassment or discrimination. This article will provide a thorough procedure for handling workplace bullying in California.
How to fight back against workplace bullying in California?
Encounter the bully
First, follow the anti-bullying policy of your company. In addition, you may want to confront the bully directly and tell them that their behavior is unacceptable. You want this behavior to stop.
Know how to prove workplace bullying
You should record the events, date, time, what happened, and letters or texts you received from the bully. You can also present a witness. It will come in handy afterward.
Talk to the authority
If the bully still does not rectify his behavior, you should talk to the authority about this issue. You can inform the supervisor or HR department. Sometimes the HR department resolves the issue internally. In cases of bullying that continues, you may need to take legal action. If the bully threatens or commits a physical assault, call the police.
Find out whether the bullying is violating state law or not
There are many ways bullying occurs, including:
- Use of offensive jokes
- Threatening or intimidating behavior
- Verbal abuse
- Interference with work that is not related to the employer’s business interest
- Cyberbullying
You can not seek help under laws against workplace bullying until the behavior turns into severe workplace harassment based on a protected category. The protected classes under the Fair Employment and Housing Act are:
- Race
- Religion
- National origin
- Age (over 40)
- Genetic information
- Military/veteran status
- Sexual orientation
- Disability.
Speak with an attorney
Talking to an experienced employment attorney will help you take the right approach. Whenever a protected category is used as the basis for workplace bullying, it is illegal. Your attorney will help you determine which category it falls under. You can file a complaint under the FEHA act if the bullying crosses the line to sexual harassment or discriminatory acts. You can also take legal action if your complaint leads to losing your job. You can claim for wrongful termination. So, speaking with an attorney is a must to decide the proper approach.
How to sue for workplace bullying?
You can file a complaint with the DFEH (Department of Fair Employment and Housing) when you suspect workplace bullying is based on a protected category. You can demand compensation for the discrimination.
Final Words
Getting aware of workplace bullying is a necessary first step to eliminating it. It would help if you did not surrender to bullying, thinking that there are no specific laws against workplace bullying in California. There is always a way. You need to find that way with the help of an employment lawyer.
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