How to Address Workplace Bullying

Workplace bullying involves repeated, unreasonable behavior directed at an employee that creates a risk to health and safety. Unlike harassment based on a protected characteristic, general workplace bullying is not explicitly prohibited by federal law. However, it can lead to legal claims, high turnover, reduced productivity, and a toxic work environment.

Recognizing Workplace Bullying

Bullying takes many forms, and it is important to distinguish it from legitimate management actions:

• Verbal abuse, insults, or name-calling
• Persistent, unwarranted criticism of work that is actually acceptable
• Deliberate exclusion or isolation from team activities
• Setting impossible deadlines or constantly changing expectations
• Taking credit for someone else's work
• Spreading rumors or gossip intended to harm a person's reputation
• Intimidation through gestures, threats, or hostile behavior
• Undermining someone's authority or deliberately withholding information needed for their job

Legitimate performance management, including honest feedback, constructive criticism, and reasonable expectations, is not bullying even if the employee finds it uncomfortable.

The Business Case for Addressing Bullying

Ignoring bullying is costly:

• Targets of bullying experience increased absenteeism and reduced productivity
• Bystanders who witness bullying also experience lower morale and engagement
• Turnover increases not only among targets but among employees who observe unchecked behavior
• Bullying can escalate into conduct that does violate harassment or discrimination laws
• Workers compensation claims related to stress and mental health may increase
• Workplace violence risk increases in environments where bullying is tolerated

Creating an Anti-Bullying Policy

Since federal law does not specifically address bullying, having a clear policy is even more important:

• Define bullying behavior with specific examples
• Distinguish bullying from legitimate management practices
• Establish a reporting procedure that includes multiple reporting channels
• Commit to investigating all complaints promptly
• Specify that bullying by anyone at any level will not be tolerated
• Outline consequences for engaging in bullying behavior
• Include a prohibition on retaliation against anyone who reports

Investigating Bullying Complaints

When a complaint is filed:

• Interview the complainant to understand the specific behaviors, frequency, and impact
• Interview the accused and any witnesses
• Review relevant emails, messages, and documentation
• Assess whether the behavior constitutes bullying under your policy
• Take appropriate corrective action if bullying is confirmed
• Document the investigation and outcome

Prevention Strategies

Proactive steps are more effective than reactive responses:

• Set clear behavioral expectations starting from orientation
• Train managers on respectful leadership and how to identify bullying
• Conduct regular climate surveys to identify issues early
• Hold all employees accountable for their behavior regardless of performance or seniority
• Model respectful behavior from the top down
• Create safe channels for employees to raise concerns