Harassment, bullying, and discrimination in the workplace

In the United States 30% of workers reported being bullied in 2021, compared to 19% in 2017, according to a survey by the Workplace Bullying Institute. The survey, conducted by Zogby Analytics, also found an additional 19% of American workers witnessed someone else being bullied on the job.

Remote workers were bullied at a higher rate than those working on site, with 50% of bullying happening during remote meetings and 9% via email.

The survey also found:

• 67% of bullies were men, while 33% were women.
• Male bullies target other men 58% of the time, and women 42% of the time.
• Female bullies target other women 65% of the time, and men 35% of the time.

The survey noted that it can be hard for victims of bullying to successfully pursue a harassment case if they’re the same gender as their perpetrator, because it’s hard to prove that the perpetrator’s gender was a factor in their mistreatment of the victim.

Because of this, the survey found, bullying cases involving two people of the same gender “tend to fall outside the protections afforded both by federal and state laws as well as employer anti-harassment policies.”

Failing to address sexual harassment or workplace bullying can harm your business in many ways, from lost productivity, a loss of your business’s reputation, and the victims filing a lawsuit. It could also lead to workplace violence.

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Bullying can involve an employee belittling or name-calling their co-workers over someone’s marital status, age, sexual orientation, national origin, gender identity, and other personal information that has nothing to do with their workplace performance or decision-making on the job.

According to the Healthy Workplace Campaign, an organization that seeks to enact anti-bullying laws, workplace bullying is “repeated, health-harming mistreatment of one or more persons (the targets) by one or more perpetrators.” Usually, this behavior manifests through:

• Verbal abuse
• Threatening, humiliating, or intimidating conduct
• Sabotage that prevents the target from getting work done

Like most employers, the last thing you want is to create a work environment that your employees dread. After all, such a workplace can hamper morale and productivity.

The Workplace Bullying Institute outlines several signs that your employees or supervisors may be bullying others:

Ignoring / excluding. If you notice workers purposefully ignoring or excluding someone or “forgetting” to invite someone to a meeting, know that this is one of the first clues of an escalating bullying problem.

Rationalization. Is a supervisor constantly defending his behavior for acting in a particular manner toward a certain employee? You may need to dig a little deeper and see what’s really going on.

Belittlement. Be on the lookout for those who fail to address someone’s legitimate concerns or feelings, or those who incessantly disparage someone’s ideas or work.

Undermining work or stealing credit. Blocking an employee’s work or taking credit for their ideas and contributions is a form of bullying.

Criticism. Take note when a worker or supervisor is constantly criticizing someone for unwarranted reasons.

Aggression. Perhaps one of the biggest signs that you’re dealing with a workplace bully: they yell or shout at an employee or act aggressively toward them (for example, pounding a desk).

Intrusion. Ensure your workforce knows that tampering with someone’s personal belongings and needlessly lurking around their desk is a form of bullying and won’t be tolerated.

Embarrassment. Embarrassing or humiliating an employee in front of others is a surefire form of bullying. For example, someone name-checks an employee during a meeting to shame her for the “inefficient” part she played in a project.

Revenge. Does a supervisor or employee seem to have a vendetta against a certain individual? Keep your eyes peeled for those seeking “revenge” when a small mistake happens.

Threats. No employee should constantly feel as though their job is on the line. Watch out for language that threatens unwarranted discipline or termination.

Gossip. Is someone the butt of demeaning jokes or untrue rumors and gossip? If so, you need to step in and make sure the perpetrators know such behavior is unacceptable.

By adopting the right policies, training, and fully addressing employee concerns, you can reduce your risks of employee harassment and the litigation that could result.

Have clearly-defined and comprehensive policies to oppose all types of bullying or harassment. Make sure all employees are aware of these procedures, with training that defines unwanted behavior and how to report it.

Let every employee know that it’s up to them to address any type of bullying in the workplace, especially your supervisors and team leaders. Use disciplinary measures as needed, using the policies outlined in your employee manual.

Let your employees know that they won’t be punished for speaking out against bullying behavior or harassment, and that you’ll take their concerns seriously.

Make sure that all bullying complaints are fully investigated. This will encourage employees to notify you of any issues, so you can address them before they become a more serious problem.

If you’re not sure how to adopt the right training programs and policies, an expert in human resources and labor issues could help you adopt the best practices. An outside consultant could also help you investigate any complaints involving employee harassment, to make sure that an employee’s concerns are addressed. It also lets them know that you take their concerns seriously.

For employees, the key to stopping workplace harassment involves keeping a record of all incidents, addressing this behavior with the bully directly, or through human resources, and possibly filing a formal complaint with the government. You might also need to consult an attorney.

If you’re experiencing bullying or harassment at work, you can start by documenting these encounters. Write down what happened, when it happened, and any witnesses who can verify this.

It’s also important to document this behavior if you witness someone else bullying or harassing a fellow employee, and to reach out to the person affected to let them know you’re on their side.

Your documentation should include any written communications that involve these incidents, such as emails, chat messages, and texts. If possible, you might take pictures or videos that record this behavior.

In some cases, a bully might not even realize their conduct is out of line. You might speak with them directly about this, or send the person an email that explains what they’ve done to make you uncomfortable and that you want it to stop.

If the behavior doesn’t change, or if the person gives you a negative response, emails and other records will give you evidence that you tried to handle the situation directly. You could always forward these communications to the person’s supervisor and/or your HR department.

If the harassment doesn’t change, your next step will probably be filing a complaint with your human resources department. If HR isn’t helpful, you could file a complaint with the Equal Employment Opportunity Commission (EEOC).

Employees have 180 days to file a complaint with the EEOC after an incident has happened. Keep in mind that it’s illegal for employers to retaliate against an employee for filing such a complaint.

You might need to consult with an attorney who specializes in employment rights and harassment issues, especially if you’re worried that your employer might not address the situation or could retaliate against you. An attorney can explain what your rights and options are.

If your employer refuses to address a hostile situation in the workplace, even after you’ve filed a complaint, your only recourse might be to leave the job altogether.

Make sure you have all your documentation on hand, because you might be able to file for unemployment benefits if you can prove that quitting your job was a “constructive discharge.” This means the employee’s resignation or retirement was involuntary because of a hostile work environment, or an employer used pressure and coercion to force an employee to leave.

Each state has its own laws on constructive discharge, but an employment attorney could help you determine what your rights are.

A hostile work environment can add up to numerous costs for your business and have a real impact on your company’s bottom line. This includes:

Workplace bullying and harassment can really take a toll on a victim’s self-esteem and mental health. They’re going to be distracted, stressed out, and focused on a bully’s behavior rather than doing their jobs.

This doesn’t just affect the person being harassed, it can also impact your entire workforce if they believe that management doesn’t support them and fails to address their complaints. You could also see higher rates of absenteeism and people calling in sick, just to avoid being harassed or because of the stress it causes your workforce.

Bullying in the workplace can lead to high employee turnover, which leads to replacement costs and lost productivity.

Failing to address workplace harassment could lead to lawsuits from harassed employees and complaints from state or federal regulators. This would result in expensive legal costs, court settlements, and fines.

Any legal actions against your business will result in more than just legal costs, it can also damage your reputation and make it harder for your business to acquire customers and hire people.

There are also many ways that disgruntled employees could vent their frustrations against your business. They could take to their social media accounts or post on job review boards, such as Glassdoor and LinkedIn.

Harassment and bullying create stress in the workplace and impact the well-being of all your employees. The targets of bullying often experience mental and physical health issues, such as depression, high blood pressure, and anxiety.

You might see higher medical bills on your company’s health care plan, for physical maladies and wellness counseling. This can result in more expensive health insurance premiums for your business.

No matter how careful you are as a business owner in preventing and addressing workplace bullying and harassment, you could still be at risk of an employee lawsuit.

Employment practices liability insurance (EPLI) covers the legal costs of employee lawsuits over complaints of discrimination, wrongful termination, and harassment. You can typically buy EPLI coverage as an added endorsement to a general liability or a business owner’s policy.

You might also need these other policies to fully protect your business:

General liability insurance: This covers common business risks like customer injury, customer property damage, advertising injury, and copyright infringement. It protects your small business from the high costs of lawsuits and helps you qualify for leases and contracts.

Business owner's policy: A BOP bundles general liability coverage and commercial property insurance together at a discount. It protects against the most common third-party lawsuits and property damage.

Workers’ compensation insurance: This policy is required in most states for businesses with one or more employees. It covers the medical costs and lost wages over work-related injuries and illnesses.

Errors and omissions insurance (E&O): Also known as professional liability insurance and medical malpractice insurance, E&O insurance protects small businesses against the costs of client lawsuits over unsatisfactory work.

Commercial auto insurance: Vehicle insurance is required in most states for businesses that own vehicles. This policy covers your legal bills, medical expenses, and property damage if a business vehicle is involved in an accident.

Cyber insurance: Also known as cyber liability insurance, this policy insures against the costs of data breaches and cyberattacks. It covers things like customer notification, credit monitoring, legal fees, and fines.

Complete Insureon’s easy online application today to compare insurance quotes from top-rated U.S. carriers. You can also consult with an insurance agent on your business insurance needs.

Once you find the right coverage for your small business, you can begin coverage and get your Certificate of Insurance (COI) in less than 24 hours. If you’re looking for ways to save money on business insurance, our cheap business insurance page offers advice on how to compare policies and get the best rate.