Friday, June 11, 2010

How to Free Yourself from Workplace Bullying and Harassment

People may grow older every year but it doesn’t necessarily mean they grow up or at least, become mature and responsible individuals.

Workplace bullying is often a carry-over from one’s childhood and is actually pretty much the same, except of course whereas your persecutor may have been a classmate, this time, the bully is an older officemate or even a boss or an employer.

Often, workplace bullying is often mistaken as harassment but these two concepts are definitely not the same.

Bullying is the use of aggressive and unreasonable behavior against an employee. Often, bullies are paranoid and self-absorbed and think they’re better than others and that the world revolves around their interests. They usually target anyone who appears to be a threat and feel the need to “regularly” find a person they can fight or bully.

Many workplace bullies know how to operate within the established rules and policies of their office and they can employ tactics such as physical, verbal, non-verbal, and psychological abuse.

A grassroots organization in California, BullyFreeWorkplace lists down the following bullying behaviors:
  • Blaming for errors
  • Insults and put-downs
  • “Icing out”
  • Inconsistent compliance with policies
  • Criticism and denial of ability and accomplishments
  • Threats of job loss or daring to leave the company
Character assassination, rumors, smear campaigns, and name-calling are also common forms of bulling. Since bullies know how to operate within the system and avoid violating laws on harassment and discrimination, bullying is generally not illegal in the United States.

However, when workplace bullying involves harassment based on protected classes such as gender, age, nationality, race, religion, genetic information and disability, such type of harassment becomes a form of discrimination which is prohibited by the law.

Employees who are victimized by co-workers or employers on the basis of the above-mentioned characteristics can rightfully file a complaint against such workplace bullying and harassment.

Statutes and federal laws such as Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Americans with Disabilities Act of 1990, and Genetic Information Nondiscrimination Act of 2008 prohibit and punish workplace discrimination and harassment.

If you are experiencing workplace bullying and harassment and management has done nothing to alleviate your suffering, hire an employment lawyer to find out if you can rightfully file a lawsuit against the bully based on the above-mentioned laws.

Currently, there is nothing in the law that makes workplace bullying illegal but when the bully crosses over to illegal discrimination and harassment, that is when they can be held liable for their actions.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

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