The “term workplace bullying” is a massive spectrum because of all the scenarios it might entail, but how do we recognize and classify it? Workplace bullying is a persistent pattern of harmful and offensive behaviors directed at an employee, often by a supervisor. It’s more than just occasional conflict; it’s a systematic campaign of intimidation, degradation, and control.
It can range from settling impossible deadlines to active bullying behaviors in the workplace. Every field from occupational health to construction work can have a workplace bully, and having the necessary information regarding it is crucial. While most workplaces claim to discourage bullying, workplace bullies exist, leading to verbal abuse and other complications.
This can manifest in various forms, extending far beyond the easily identifiable instances of shouting or physical aggression. Subtle, insidious forms of bullying can be equally damaging, making recognition and documentation crucial.
Many organizations such as the workplace bullying institute, are tirelessly working against these issues in as much detail as possible, employees and co-workers still have these issues, constantly reminding the illegal discrimination that occurs in workplace bullying.
Understanding the Types of Workplace Bullying
Primarily, Human Resources and the employer are responsible for handling workplace bullying situations such as health-harming mistreatment, issues with gender identity, personal attacks, attacks on personal life, and adult bullies making employees lose motivation in general.
It can also include the attack on sexual orientation, but here’s a more structured breakdown of what you or your co-workers might have to face while dealing with health-harming mistreatment.
Apart from this, there are other forms that should be mentioned in the workplace policy to secure work status of employees. For example, there should be established rules regarding targeting another employee’s family status, inflicting undue pressure, making threats, unmanageable workloads, and spreading wrong information.
While the employee handbook should have all these details, mentioning the rules doesn’t suffice. Instead, responsible parties need to be held accountable for such behaviors. Here are some primary cases that employees should look out for while understanding the term workplace bullying.
Verbal Abuse: This includes insults, threats, yelling, name-calling, constant criticism, humiliation, and spreading rumors.
Nonverbal Cues: Eye-rolling, sneering, ignoring, excluding, giving the silent treatment, and using body language to convey disdain or contempt.
Psychological Manipulation: Gaslighting (making you doubt your own sanity), undermining your work, spreading false information, and creating a hostile environment.
Isolation and Exclusion: Deliberately excluding the victim from meetings, projects, social events, or crucial information.
Excessive Workload or Unrealistic Deadlines: Deliberately overloading the victim with work, making it impossible to meet deadlines, and creating a constant feeling of failure.
Unfair Treatment: Treating the victim differently from colleagues, denying opportunities for advancement or recognition, and assigning undesirable tasks disproportionately.
Micromanagement: Constant, excessive supervision and criticism of even minor details of the victim’s work, creating a sense of being constantly scrutinized and undermined.
Threats and Intimidation: Direct or indirect threats to job security, career prospects, or personal safety. This can include subtle threats or veiled warnings.
Cyberbullying: Harassment through electronic means, such as emails, text messages, social media, or online platforms.
The Legal Aspect of the Bullying Behavior
Nevada, like many states, lacks a specific law explicitly defining and prohibiting workplace bullying. This absence doesn’t mean there are no legal avenues for redress; rather, it means that protection often falls under existing legislation related to harassment, discrimination, and retaliation. Understanding these overlapping legal frameworks is crucial for anyone experiencing workplace bullying in Nevada.
1. Harassment Laws
Nevada’s anti-harassment laws, primarily found within the Nevada Equal Rights Commission’s jurisdiction, offer potential recourse. While these laws typically focus on harassment based on protected characteristics (race, religion, sex, national origin, etc.), severe and pervasive workplace bullying can sometimes fall under these statutes if it creates a hostile work environment. The key is demonstrating that the bullying was severe or pervasive enough to alter the conditions of employment and create an abusive atmosphere. Mere unpleasantness or occasional conflicts are generally insufficient.
2. Discrimination Laws
Similar to harassment laws, Nevada’s discrimination statutes can provide a legal avenue if the bullying is linked to a protected characteristic. For example, if a supervisor targets an employee because of their race, gender, or religion, and this targeting manifests as bullying behavior, a discrimination claim might be viable. The connection between the protected characteristic and the bullying must be clearly established.
3. Retaliation Laws
Nevada law protects employees from retaliation for reporting workplace misconduct, including bullying. If an employee reports bullying and subsequently faces negative consequences (demotion, termination, disciplinary action, etc.), they may have grounds for a retaliation claim. This protection is crucial for encouraging employees to come forward and report incidents without fear of reprisal.
4. Wrongful Termination
While not directly addressing bullying, wrongful termination laws can offer protection if an employee is fired for refusing to participate in or reporting bullying behavior. The employee would need to demonstrate that the termination was retaliatory or in violation of public policy (e.g., refusing to participate in illegal activity).
5. Intentional Infliction of Emotional Distress (IIED)
In extreme cases, workplace bullying may rise to the level of intentional infliction of emotional distress. This is a tort claim requiring proof of extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress. The standard for this claim is high, requiring demonstrable, significant psychological harm.
The Devastating Impact on Mental and Physical Health
The consequences of workplace bullying extend far beyond the immediate emotional distress. The chronic stress, anxiety, and humiliation can lead to a wide range of serious mental and physical health problems.
Workplace Bullying: Seeing Situations as a Mental Health Professional
Increased Stress and Anxiety: Constant fear and uncertainty create a state of heightened anxiety and chronic stress, leading to exhaustion and burnout.
Depression: Feelings of powerlessness, isolation, and worthlessness can lead to clinical depression, requiring professional intervention.
Low Self-Esteem: Constant criticism and belittling erode self-confidence and self-worth, impacting personal and professional life.
Post-Traumatic Stress Disorder (PTSD): In severe cases, workplace bullying can trigger PTSD, characterized by flashbacks, nightmares, and avoidance behaviors.
Panic Attacks: The anticipation of further bullying can trigger panic attacks, characterized by intense fear, rapid heartbeat, and shortness of breath.
Burnout: A state of emotional, physical, and mental exhaustion caused by prolonged or excessive stress.
Anxiety Disorders: Generalized anxiety disorder, social anxiety disorder, and other anxiety-related conditions can develop.
Physical Health Impacts:
While physical violence may not be the case in workplace bullying, but workplace violence can lead to physical health complications too.
High Blood Pressure: Chronic stress is a major risk factor for hypertension, increasing the risk of heart disease and stroke.
Gastrointestinal Problems: Stress can disrupt the digestive system, leading to ulcers, irritable bowel syndrome, and other digestive disorders.
Headaches and Migraines: Tension headaches and migraines are common physical manifestations of stress and anxiety.
Muscle Tension and Pain: Chronic stress can cause muscle tension and pain, leading to discomfort and reduced mobility.
Sleep Disturbances: Insomnia, difficulty sleeping, and other sleep problems are common among victims of workplace bullying.
Changes in Appetite: Stress can affect appetite, leading to either overeating or significant weight loss.
Weakened Immune System: Chronic stress compromises the immune system, making individuals more susceptible to illness.
Seeking professional help from a mental health professional or utilizing your Employee Assistance Program (EAP) is crucial for managing these impacts.
Recognizing and Documenting Bullying: Building Your Case
Recognizing bullying can be challenging, especially when it’s subtle or insidious. However, maintaining a detailed record of incidents is crucial for building a strong case if you need to escalate the situation.
What to Document:
Date and Time: Record the exact date and time of each incident.
Description of the Incident: Provide a detailed account of what happened, including specific words used, actions taken, and the context of the situation.
Witnesses: Note the names and contact information of any witnesses who observed the incident.
Impact on You: Describe how the incident affected you emotionally and physically. Be specific about your feelings and any physical symptoms you experienced.
Evidence: Gather any supporting evidence, such as emails, memos, performance reviews, text messages, voice recordings (where legally permissible), and any other relevant documentation.
Context: Note any relevant details about the situation, such as the presence of other colleagues, the overall atmosphere of the workplace, and any prior incidents.
This detailed documentation will be invaluable if you need to file a formal complaint or pursue legal action. Keep your records organized, secure, and confidential.
Coping Mechanisms and Strategies for Self-Preservation
Dealing with workplace bullying is incredibly challenging, but there are strategies to help you cope and protect your well-being.
Seek Support: Talk to trusted friends, family members, a therapist, or a support group. Sharing your experiences can provide emotional support and help you process your feelings.
Set Boundaries: Communicate clearly and assertively what behaviours are unacceptable. This might involve directly addressing the bully or setting limits on their interactions with you. This should be done cautiously and with consideration for your safety.
Practice Self-Care: Prioritize your physical and mental health. Engage in activities that help you relax and de-stress, such as exercise, meditation, spending time in nature, or pursuing hobbies.
Document Everything: Maintain a detailed record of all bullying incidents.
Seek Legal Counsel: Consult with an employment lawyer to understand your rights and options.
Consider a Leave of Absence: If the situation is overwhelming, a leave of absence may be necessary to protect your mental and physical health.
Explore Internal Resources: Utilize your company’s HR department, employee assistance program (EAP), or other internal resources.
Reporting and Addressing Workplace Bullying: Taking Action
Reporting the bullying is a crucial step. However, approach this strategically, ensuring you have a clear plan and strong evidence to support your claims.
Steps to Take:
Gather your evidence: Ensure your documentation is complete and organized.
Choose the right person to report to: Consider your company’s policies and procedures. Start with your immediate supervisor (unless they are the bully), then escalate to HR, or a higher-level manager.
Prepare for your meeting: Practice what you will say, focusing on factual accounts of incidents and their impact.
Document the reporting process: Keep a record of the date, time, and individuals you spoke with, along with a summary of the conversation.
Follow up: After reporting, follow up regularly to ensure that your complaint is being investigated and that appropriate action is being taken.
Consider external reporting: If internal processes fail to address the bullying, consider reporting to relevant government agencies or filing a lawsuit.
Employer Responsibilities and Legal Protections
Employers have a legal and ethical responsibility to provide a safe and respectful workplace, free from harassment and bullying. They should have clear policies prohibiting bullying, provide training to employees on recognizing and addressing bullying, and take swift and decisive action when complaints are filed. Failure to do so can result in legal repercussions.
Creating a Bully-Free Workplace: A Collective Effort
Creating a bully-free workplace requires a collective effort from employers, employees, and HR departments. This involves establishing clear policies, providing training, fostering a culture of respect, and ensuring that complaints are investigated thoroughly and impartially.
Open communication, a strong reporting mechanism, and zero-tolerance policies are essential components of a healthy and productive work environment. Remember, you deserve a workplace where you feel safe, respected, and valued. Don’t hesitate to seek help and take action to protect yourself.
Seek Legal Help With us Today!
If you are looking for legal help, know that we can assist you. Don’t wait until the situation worsens. Workplace bullying can have devastating effects on your mental and physical health, and the longer you endure it, the harder it becomes to address.
In Nevada, while there isn’t a specific anti-bullying law, legal recourse exists through harassment, discrimination, and retaliation claims. Navigating these legal complexities can feel overwhelming, but you don’t have to face them alone.
Bourassa Law Group offers free consultations to provide expert legal guidance and unwavering support during this challenging time. We understand the emotional toll workplace bullying takes, and we’re committed to helping you protect your rights and well-being.
Our experienced attorneys specialize in Nevada employment law and will work tirelessly to build a strong case on your behalf, pursuing the compensation you deserve.
Protect your rights and reclaim your peace of mind. Contact us today for a free consultation. We’ll help you understand your options, develop a strategic plan, and fight for the justice you deserve.
Don’t let workplace bullying define your experience; let us help you regain control.
1-800-870-8910