Mental Health Awareness Month: Recognizing and Addressing Workplace Bullying in California

May is Mental Health Awareness Month, making it an ideal time to address a significant workplace issue that affects millions of Americans: workplace bullying. While we’ve made progress in recognizing the importance of mental health, toxic workplace behaviors continue to cause psychological harm to workers across Southern California. The effects of workplace bullying extend far beyond momentary discomfort, often resulting in serious mental health conditions, decreased productivity, and career disruption.

Understanding Workplace Bullying

Workplace bullying consists of repeated, harmful mistreatment by one or more people directed toward an employee. Unlike occasional rudeness or isolated incidents, bullying forms a pattern of behavior that creates a hostile work environment.

Common Forms of Workplace Bullying

• Verbal abuse: Shouting, name-calling, harsh criticism, or mocking
• Work sabotage: Deliberately interfering with someone’s work or setting them up to fail
• Social exclusion: Leaving someone out of meetings, communications, or work social events
• Intimidation: Using threatening body language, invading personal space, or implied threats
• Micromanagement: Excessive monitoring or nitpicking beyond reasonable supervision
• Gossip and rumors: Spreading false information to damage someone’s reputation
• Taking credit: Claiming credit for another person’s work or ideas
• Impossible demands: Setting unreasonable deadlines or constantly changing expectations
• Public humiliation: Criticizing or demeaning someone in front of colleagues
• Gaslighting: Denying or twisting facts to make the target question their own perceptions

Prevalence of Workplace Bullying

According to the Workplace Bullying Institute’s 2021 survey, approximately 30% of American workers have experienced workplace bullying firsthand. In California, with its large workforce, the numbers are particularly concerning. Bullying can happen in any industry but tends to be more prevalent in high-stress environments with unclear policies and poor leadership oversight.

The Mental Health Impact of Workplace Bullying

The psychological effects of workplace bullying can be severe and long-lasting:

Immediate Psychological Effects

• Anxiety and panic attacks
• Depression
• Sleep disturbances
• Decreased self-esteem and confidence
• Feelings of shame, embarrassment, and humiliation
• Difficulty concentrating
• Persistent worry about going to work

Long-Term Mental Health Consequences

• Post-traumatic stress disorder (PTSD)
• Major depressive disorder
• Generalized anxiety disorder
• Substance abuse disorders
• Suicidal ideation in severe cases

Physical Health Manifestations

• Hypertension and cardiovascular issues
• Weakened immune system
• Digestive problems
• Headaches and migraines
• Chronic fatigue
• Weight fluctuations

Professional Consequences

• Reduced job performance
• Career stagnation
• Financial losses from missed work
• Job loss
• Difficulty securing new employment
• Long-term career impact

When Workplace Bullying Becomes Illegal in California

While California does not have a specific anti-bullying law that applies to all workplaces, certain types of bullying may violate existing laws. Understanding when bullying crosses the line into illegal conduct is crucial.

Illegal Harassment

Under California’s Fair Employment and Housing Act (FEHA), bullying may constitute illegal harassment when:

• It targets someone based on a protected characteristic (race, gender, age, disability, sexual orientation, etc.)
• It creates a hostile work environment
• It is severe or pervasive enough to alter working conditions

Workplace Violence and Threats

Bullying that includes physical contact, threats of violence, or stalking may violate:

• California Penal Code sections on assault, battery, or criminal threats
• Workplace violence prevention laws
• California’s civil harassment restraining order statutes

Intentional Infliction of Emotional Distress

In severe cases, targets of bullying may have grounds for a civil lawsuit for intentional infliction of emotional distress if the behavior was:

• Extreme and outrageous
• Intended to cause emotional distress or performed with reckless disregard
• Actually caused severe emotional suffering

Constructive Discharge

If bullying becomes so intolerable that a reasonable person would feel compelled to resign, it may constitute constructive discharge, which is treated as wrongful termination under California law.

Safety Violations

Under California’s Cal/OSHA regulations, employers have a general duty to provide a safe workplace. Severe bullying that creates safety risks may violate these regulations.

Documenting Workplace Bullying

If you’re experiencing workplace bullying, thorough documentation is essential, whether you plan to address it internally or potentially pursue legal action:

Maintain a Detailed Journal

• Record dates, times, and locations of incidents
• Write down exactly what was said or done
• Note who was present and might have witnessed the behavior
• Document how the behavior affected your work performance and mental health
• Note any physical symptoms that develop
• Update the journal promptly after each incident

Preserve Evidence

• Save all relevant emails, text messages, voicemails, and other communications
• Take screenshots of digital communications
• Keep copies of performance reviews (both before and after the bullying began)
• Retain any written orders or instructions that set impossible deadlines or standards
• Document any complaints you’ve made about the behavior and the responses received

Gather Witness Information

• Identify colleagues who have witnessed the bullying
• Note if others have experienced similar treatment
• Record if coworkers have commented on the bully’s behavior toward you

Track Impact on Work Performance

• Document changes in assignments or responsibilities
• Note exclusion from meetings or projects
• Record instances where credit for your work was given to others
• Keep track of impossible deadlines or unreasonable demands

Document Physical and Mental Health Effects

• Keep a record of doctor or therapist visits related to stress from the bullying
• Save medical records documenting physical symptoms
• Track mental health impacts, including sleep disturbances, anxiety, or depression
• Note any medications prescribed to address symptoms

Steps to Address Workplace Bullying

If you’re experiencing bullying at work, consider these steps to address the situation:

1. Assess the Situation

• Determine if what you’re experiencing meets the definition of workplace bullying
• Consider whether the behavior might constitute illegal harassment or discrimination
• Evaluate the severity and impact on your mental health and work performance

2. Review Company Policies

• Check your employee handbook for anti-bullying or harassment policies
• Review the company’s reporting procedures
• Identify the appropriate person to receive complaints

3. Consider Direct Communication

If safe to do so:

• Speak directly to the bully about their behavior
• Be specific about the problematic actions
• State clearly that the behavior is unwelcome
• Focus on work-related impacts rather than emotions
• Document the conversation afterward

4. Report the Behavior Internally

• Follow your company’s reporting procedures
• Report to HR or appropriate management in writing
• Focus on specific behaviors rather than labeling it “bullying”
• Explain how the behavior impacts your work
• Reference any relevant company policies
• Request specific actions to address the situation

5. Seek Support

• Connect with trusted colleagues
• Consider employee assistance programs (EAPs) for counseling
• Join support groups for targets of workplace bullying
• Consult with a mental health professional

6. Document the Response

• Record how management responds to your complaint
• Note whether proper procedures were followed
• Document any retaliation that occurs after reporting

7. Consider External Options

If internal resolution fails, consider:

• Filing a complaint with appropriate government agencies if the bullying includes illegal discrimination or harassment
• Consulting with an employment attorney about potential legal claims
• Looking for alternative employment in severe situations

Employer Responsibilities and Best Practices

Employers in California can and should take steps to prevent workplace bullying:

Develop Clear Policies

• Create specific anti-bullying policies that define prohibited behaviors
• Establish clear reporting procedures
• Communicate zero-tolerance for retaliation
• Include these policies in employee handbooks and training

Implement Effective Training

• Train all employees on recognizing and preventing bullying
• Provide specialized training for managers and supervisors
• Include bullying prevention in regular harassment prevention training
• Offer bystander intervention training

Respond Appropriately to Complaints

• Take all complaints seriously
• Investigate promptly and thoroughly
• Maintain confidentiality to the extent possible
• Take appropriate corrective action when bullying is confirmed
• Follow up to ensure the behavior has stopped

Create a Positive Work Culture

• Model respectful behavior at all levels of management
• Recognize and reward collaborative behavior
• Address conflicts promptly before they escalate
• Conduct regular anonymous climate surveys
• Implement mental health support resources

Legal Support for Workplace Bullying Victims

At Ochoa & Calderón, we understand the devastating impact workplace bullying can have on your mental health, career, and overall well-being. Our experienced employment attorneys can help you:

• Evaluate whether the bullying you’re experiencing violates California law
• Determine if the behavior constitutes illegal harassment or discrimination
• Advise you on documentation and reporting strategies
• Guide you through internal complaint procedures
• Represent you in claims with government agencies when appropriate
• Pursue legal action when bullying crosses into illegal territory
• Negotiate severance agreements if you need to exit a toxic workplace

Conclusion

As we recognize Mental Health Awareness Month this May, it’s important to acknowledge that workplace bullying remains a significant threat to psychological well-being. While California law does not yet provide comprehensive protection against all forms of workplace bullying, many bullying behaviors may violate existing laws against harassment, discrimination, or creating unsafe work environments.

By understanding what constitutes workplace bullying, documenting incidents appropriately, and knowing your legal options, you can take steps to protect yourself and your mental health. Employers also have both ethical and legal responsibilities to prevent bullying and address it promptly when it occurs.

Remember that no one deserves to be bullied at work, and seeking help is a sign of strength, not weakness. If you’re experiencing workplace bullying in Southern California that may have legal implications, contacting an experienced employment attorney can help you understand your options and protect your rights.

The answer is clear: legal representation ensures better outcomes for your claim. At Ochoa & Calderón, we fight for car accident victims to secure the compensation they deserve. Call us today at 951-901-4444 or 844-401-0750 toll-free to schedule a free consultation. You can also contact us online.