As of 2011, there are no federal or state laws that prohibit workplace bullying in small businesses. Statutes currently in place to help prevent hostile work environments stem from harassment and discrimination laws and those that state an employer must keep his employees safe. To help fill in the gaps, small-business owners can include a workplace bullying clause in a company's ethics guidelines and policies manual.
The Equal Employment Opportunity Act makes it illegal for harassment to occur in the workplace when based on a victim's race, religion, national origin, gender, age, disability, marital status or pregnancy. The U.S. Equal Employment Opportunity Commission states that harassment can come in the form of derogatory comments, slurs, verbal or physical misconduct, vandalism and assault. Harassment at work also is illegal if an individual's actions exacerbate an employee's disability. If harassment occurs outside of work and the actions are discriminatory, these actions may be illegal if there is a workplace link. However, the EEOC states that harassment is not illegal if it involves generic teasing, isolated incidents that are not serious or "offhand comments."
Occupational Safety and Health Laws
Employees may find legal protection against bullying in the federal Occupational Safety and Health Act of 1970, as the act states that every individual has the right to work in healthful and safe conditions. While the OSH Act serves to protect employees against physical injuries and illnesses, it also can help protect against workplace bullying in some instances. For example, if an employee reports workplace bullying to a supervisor, the supervisor fails to address the situation and the bullying leads to an injury, the supervisor may have a degree of legal accountability for the incident. If an individual in management is aware of a workplace health or safety hazard, it is his responsibility under the OSH Act to reduce the risk.
Several U.S. employee protection acts offer whistle-blower protection when a worker reports a workplace violation to the authorities or an individual in a management position. Such acts include the Civil Rights Act of 1964, the American with Disabilities Act of 1990, the Equal Pay Act of 1963, OSH Act and the EEO Act. Under these acts, it is illegal to harass another individual in the workplace because he complained, filed a charge or was involved in an investigation about an issue relating to workplace discrimination, equal pay, illegal practices or unsafe working conditions. Whistle-blowers have the right not to be threatened, retaliated against or feel intimidated by others at work regarding a protected whistle-blowing act.
Healthy Workplace Bill
Written by Suffolk University Professor of Law David Yamada in 2001, the Healthy Workplace Bill is part of a grassroots movement to help end workplace bullying by making it illegal. The bill addresses the intentional infliction of emotional distress, hostile work environments and interference with establishment of healthy relationships within the workplace. The Healthy Workplace Bill seeks to hold employers accountable for not addressing workplace bullying, allowing bullying victims to file a civil suit against workplace bullies and provide employers with a legal cause to terminate bullies. The bill also proposes providing additional employee protections where federal and state civil rights laws fail to do so.
- Washington State Department of Labor and Industries; Workplace Bullying and Disruptive Behavior...; SHARP Program; April 2011
- U.S. Equal Employment Opportunity Commission: Prohibited Employment Policies/Practices
- Occupational Safety and Health Administration; An Act; January 2004
- Occupational Safety and Health Administration; The Whistleblower Protection Program; August 2011
- Healthy Workplace Bill: FAQ
- Healthy Workplace Bill: Quick Facts About the Healthy Workplace Bill
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