How To Prevent Workplace Bullying and Protect Your Business

For a business owner, failing to address workplace bullying can create a toxic environment, reduce productivity, and create legal liability if the conduct crosses into harassment or discrimination. This article explains what bullying at work looks like, how it can become a real problem for employers, and what business owners can do about it.

What Is Workplace Bullying?

The Workplace Bullying Institute (WBI) defines workplace bullying as the “repeated, health-harming mistreatment by one or more employees of an employee: abusive conduct that takes the form of verbal abuse; or behaviors perceived as threatening, intimidating, or humiliating; work sabotage.” Workplace bullying is an act of verbal abuse, aggression, or intimidation against a coworker, often a subordinate, without regard to the victim’s protected class or characteristics.

Protected characteristics include:

• Sexual orientation
• Race
• National origin
• Gender identity
• Accessibility needs
• Mental and physical disabilities
• Religion
• Age
• Veteran status
• Genetic information
• Citizenship

Bullying is separate from sexual harassment or discrimination. However, members of a protected class may still be victims of bullying.

Examples of Bullying Behavior in the Workplace

Workplace bullying can take many forms, from overt aggression to subtle exclusion. As an employer, it’s important to recognize these behaviors, which include:

• Humiliation and belittling: This entails publicly criticizing or belittling an employee’s performance, especially in front of colleagues. This is often done to intentionally embarrass the person.
• Exclusion and shunning: Intentionally excluding an employee from meetings, projects, or social activities can make them feel isolated and undervalued. This is especially harmful if they have a valid reason to attend.
• Shouting and intimidation: Using a raised voice, screaming, or making other loud noises to intimidate or embarrass an employee is a form of bullying. They may be in a position where they cannot respond similarly.
• Sabotage: Undermining a coworker’s output is also considered bullying behavior. This can range from damaging office equipment or stealing work projects to withholding key information so an employee misses a deadline or meeting.
• Threats and workplace harassment: Higher-ups shouldn’t use their position of power to make threats. This could include threatening to cut an employee’s hours, give them a poor performance review, or demote them without cause.

This is not an exhaustive list.

The Business Impact of Workplace Bullying

A hostile work environment created by bullying directly harms a business. For small business owners, the lost productivity and increased employee friction are costs you can’t afford. Unchecked bullying hurts your bottom line.

Bullying that creates a hostile work environment harms your business by causing:

• Diminished productivity and poor work performance
• Increased absenteeism
• Lowered workplace morale
• Employee physical and mental health issues
• A toxic workplace culture that can be difficult to reverse

If bullying behavior is ignored and crosses the line into harassment, victims may have legal recourse, putting the business at risk.

Is Workplace Bullying Illegal?

No current federal laws prohibit workplace bullying, but it can easily cross the line into illegal harassment or discrimination. A growing number of states now require employers to provide mandatory bullying and harassment training. Some have also considered adopting versions of the Healthy Workplace Bill, model legislation that gives bullied employees legal recourse.

If an employee believes the bullying is based on a protected characteristic, their first step is often an internal complaint. If the behavior is not corrected, they can file a complaint with the Equal Employment Opportunity Commission (EEOC), which investigates harassment and discrimination claims as civil rights violations. If you need clarification about your state’s laws, consider speaking with a local employment attorney.

How To Prevent Bullying and Protect Your Business

A business owner can take proactive steps to prevent bullying in the workplace. Prevention is the best defense against both a toxic culture and potential legal claims. Key steps include:

• Creating a clear anti-bullying and anti-harassment policy in your employee handbook
• Implementing mandatory training for all employees and managers
• Establishing a clear and confidential reporting procedure for bullying complaints
• Taking all complaints seriously, investigating them promptly, and documenting every step

Consult an employment attorney to ensure your policies and procedures are compliant with state and local laws.

Find a Lawyer To Help With Workplace Bullying Issues

Workplace bullying can create significant legal and financial risks for your business. If you’re concerned about bullying, harassment, or discrimination in your workplace, the best solution is to address it before it occurs. Contact a qualified employment law attorney in your area to help you create policies and navigate complaints. In addition, FindLaw’s Discrimination and Harassment section in the Small Business Center has more information on workplace issues.