Bullying in the Workplace: When Does It Cross the Legal Line? (Part 1)

Clients often ask, “Isn’t bullying creating a hostile work environment? Can’t I sue?” The answer is nuanced. While bullying is harmful and detrimental to a healthy work environment, it is typically not the basis for a legal claim unless it is motivated by the victim’s membership in a protected class – such as race, religion, gender, sexual orientation, disability, or age¹ – and is so severe or pervasive that it creates a ‘hostile work environment.’

But even if bullying does not arise from an illegal motivation, it can still be extremely damaging. It can lead to increased stress, anxiety, reduced productivity, and high staff turnover. Employers may see morale plummet, and employees can suffer long-term psychological harm.

This article is the first of a two-part series. This discussion focuses on bullying that does not necessarily violate laws, yet can still hurt employees and organizations. The second will address forms of bullying that meet legal requirements for harassment, how hostile work environment claims work, and ways to respond.

Examining the Concept of Workplace Bullying

“Workplace bullying refers to the repeated, health-harming mistreatment of an employee by one or more perpetrators. It is abusive conduct that takes the form of verbal abuse; or behaviors perceived as threatening, intimidating, or humiliating; work sabotage; or in some combination of the above.” — Workplace Bullying Institute

Non-discriminatory workplace bullying doesn’t necessarily start with overt aggression; often, it emerges from a pattern of subtle disrespect and incivility that slowly erodes the employee’s sense of safety and creates a toxic environment. An imbalance of power is common, with a manager targeting a subordinate, a more seasoned employee targeting a new employee, or a group targeting one individual.

Less obvious examples include:

• Deliberately excluding an employee from communications and meetings in which they should be involved.
• Withholding information from an employee which is necessary for their job.
• Setting up an employee to fail by establishing impossible goals.
• Blaming an employee for a failure by a larger team.

Of course, there are more obvious examples, like:

• A boss who is generally abrasive and yells at everyone equally, regardless of their background (“equal opportunity harasser”).
• A co-worker who deliberately introduces errors into a colleague’s work.
• A team that consciously excludes a new employee from social engagement.

Many employees believe any degrading treatment justifies a lawsuit. But, as mentioned, bullying in itself is not a direct violation of federal or New York State anti-discrimination laws unless it targets someone in a protected class and is motivated by that protected characteristic. The law usually requires an element of bias tied to a protected status, plus severe or pervasive behavior, before a valid discrimination claim can move forward.

Why Workplace Bullying Causes Harm

Even if non-discriminatory bullying doesn’t break a specific law, it is still detrimental.

Researchers have found that ongoing mistreatment in the workplace can trigger serious psychological or physical effects – panic attacks, low self-esteem, disrupted sleep, or stress-related conditions – which in turn can increase the risk of making mistakes at work.² Targets of bullying often bring stress home, affecting personal relationships and day-to-day well-being.

That cycle can become exhausting for everyone who witnesses it, not just the direct target. Morale suffers when people sense that colleagues are mistreated, and overall team spirit can fade quickly. A toxic atmosphere often reduces collaboration and creativity. Organizations may see a direct impact as well, with higher absenteeism, more resignations, and potential workers’ compensation claims. Clients or customers may also detect a healthier culture, which builds loyalty and confidence.

A Quick Overview of the Legal Landscape

Many people look to Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, or the Americans with Disabilities Act when thinking about workplace harassment or bullying. However, they often run into the same “protected categories” hurdle already mentioned.  This leaves a gap for individuals who feel stuck in a toxic workplace yet lack a clear legal remedy. Here is what they can consider instead:

Alternative Options

An employee subjected to severe bullying might potentially pursue common-law tort claims, such as intentional infliction of emotional distress (IIED). But, the standard for IIED is extremely high, requiring conduct that is truly extreme and outrageous and beyond all possible bounds of decency. Typical (though awful) workplace bullying often doesn’t meet this strict legal threshold.

Some employers may have internal anti-bullying policies that go beyond legal requirements. Violating these policies could lead to disciplinary action against the bully, but don’t typically create a separate legal cause of action for the victim against the employer unless specified in a contract (like a collective bargaining agreement).

Caveat: Sometimes, following a bullying complaint, an employee is dismissed. While this dismissal may or may not be related to the complaint itself, the employee often immediately assumes the firing is retaliatory. Anti-retaliation rules apply only when the underlying complaint involves conduct that a statute already forbids—such as discrimination, wage violations, or safety hazards—which can shift depending on the law of the local jurisdiction.

Bullying on its own is not yet an unlawful practice in most jurisdictions. So, even if a worker proves the dismissal was directly linked to the complaint (rather than part of a lay-off or reorganization), retaliation liability usually fails unless the original grievance centered on a protected characteristic or some other right guaranteed by law.

For victims of non-discriminatory bullying, legal recourse is very limited. Currently, no US state has passed a comprehensive law that specifically prohibits non-discriminatory workplace bullying (abusive conduct) and allows an employee to sue their employer solely on that basis (creating a “private right of action” similar to discrimination laws).

That does not mean you must suffer in silence. Many employers write anti-bullying clauses into their employee handbooks or codes of conduct. Although those policies do not turn bullying into an unlawful act, they usually outline a complaint route—who to alert, how to document the problem, and how management must respond. Filing an internal report creates a paper trail and can give you bargaining room when discussing a transfer, severance, or other remedies, even in the absence of a statutory claim.

Where States Have Taken Action

Several states have taken steps that address abusive conduct through mandatory training or policies, but these do not create a standalone legal claim for being bullied. For example:

• California requires training on “abusive conduct” as part of harassment prevention.
• Tennessee has a law encouraging public employers to adopt anti-bullying policies, giving them some protection from lawsuits if they comply.
• Utah mandates training for state agencies related to abusive conduct.
• New York has proposed the Healthy Workplace Bill, which aims to establish a civil cause of action for employees subjected to an abusive work environment.

Some local efforts encourage anti-bullying policies, addressing the harm caused by non-discriminatory harassment. So far, the focus has been on awareness rather than a direct legal cause of action.

Why Employers Should Act

Leaders who assume that non-discriminatory bullying isn’t worth addressing overlook the costs. Productivity drops when employees spend time avoiding their bully. Turnover and absenteeism rise, driving up recruiting and training expenses. A firm that tolerates bullying can earn a poor reputation, making it difficult to attract top talent. Current employees may share negative feedback in online reviews or among peers, which erodes trust in the organization.

Addressing bullying early signals a commitment to a respectful environment. Some organizations adopt policies that define bullying, encourage employees to report it, and outline disciplinary steps. Training sessions help managers recognize subtle behaviors, investigate complaints fairly, and intervene before problems escalate. Open channels for employees to raise concerns, backed by a no-retaliation promise, allow issues to surface sooner.

Final Thoughts

Bullying in the workplace extends beyond simple conflicts. While it only becomes illegal if it meets the requirements for harassment based on a protected characteristic, there’s growing recognition that all forms of bullying can deeply harm employees and businesses. Proposals like the Healthy Workplace Bill demonstrate an effort to address non-discriminatory bullying through legislation, giving employees broader rights should they be subjected to an abusive work environment.

For a deeper dive into what constitutes a legally actionable claim of harassment, how to prove it, and steps employees should take if they believe they’re facing a hostile work environment, look out for part 2 of this series.

If you find yourself dealing with such a situation, considering a lawsuit may be a viable strategy. Speak with one of our experienced employment lawyers today for a free, confidential consultation about your circumstances.

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¹ What constitutes a protected class varies by location, as there are different laws at the city, state, and national levels.

² See, M. Chenevert, M. Vignoli, P. M. Conway & C. Balducci (2022). Workplace Bullying and Post-Traumatic Stress Disorder Symptomology: The Influence of Role Conflict and the Moderating Effects of Neuroticism and Managerial Competencies. International journal of environmental research and public health, 19(17), 10646. https://doi.org/10.3390/ijerph191710646.

Disclaimer: This article is made available by Sterlington for informational purposes only. It is not intended to provide specific legal advice and should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Using this website does not establish any attorney-client relationship between Sterlington and yourself.