In California, workplace bullying is a serious concern, but it is not always considered legally actionable harassment unless the bullying is based on a protected characteristic, such as — but not limited to — race, gender, age, disability, or sexual orientation. Under California’s Fair Employment and Housing Act (FEHA), harassment is defined as unwelcome conduct that is based on a protected class, and for bullying to be considered unlawful, it must be tied to one of these protected categories. For example, if an employee is bullied due to their gender or race, it could be classified as harassment and subject to legal action. However, if the bullying is not related to any protected characteristic, it may not meet the legal definition of harassment, although it could still create a toxic work environment.
Despite the legal distinction, employers and employees should not ignore bullying that does not involve protected classes. Even if workplace bullying is not legally classified as harassment, it can still be incredibly damaging to employees’ mental health, productivity, and overall morale. Bullying that is persistent, aggressive, or demeaning can contribute to a hostile work environment and lead to higher turnover, absenteeism, and decreased employee engagement. To avoid these negative outcomes, both employers and employees should take steps to address bullying behavior, regardless of whether it involves a protected class. Employers should create a clear anti-bullying policy, provide training to employees, and ensure that employees understand what constitutes bullying and how to report it.
California employers are encouraged to take proactive steps to prevent bullying by promoting a culture of respect and inclusivity. This includes developing and enforcing policies that outline appropriate workplace behavior, offering regular harassment prevention training and encouraging open lines of communication. When bullying is reported, employers should investigate the issue promptly and take corrective action to prevent further incidents. By fostering a supportive and respectful environment, employers can reduce the likelihood of bullying behavior and ensure that all employees feel safe, valued, and heard—whether or not the bullying involves a protected characteristic. Addressing bullying in all its forms is essential to maintaining a positive and productive workplace.