By Kathy Bray, Esq.
When you hear the word “bullying” do you think of a child being taunted on the playground, or a teen being harassed online?
Unfortunately, bullying doesn’t end with childhood. The Workplace Bullying Institute estimates that over 50 million U.S. workers have experienced bullying. As an employer, running an inclusive, respectful and bully-free workplace can help your employees and your organization thrive. It also supports safety, injury recovery and return to work.
The following are some basics for employers on workplace bullying and how to prevent it.
What is workplace bullying?
Workplace bullying is repeated, health-harming mistreatment by one or more employees of an employee: 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, according to the Workplace Bullying Institute.
What can employers do to prevent workplace bullying?
As an employer, you can institute policies and procedures to make your workplace welcoming for all. Take the following steps to promote a workplace that supports an open exchange of ideas, without fear of belittling or disrespect:
- Employ intentional hiring and promotional practices that recognize and reward positive interpersonal relationship traits
- Call references and past employers, and ask about whether the job candidate exhibited threatening or violent behavior
- Use criminal background checks in line with applicable law, including state and local rules on when you may ask about criminal history
- After hire, make anti-bullying and anti-harassment training part of your orientation process, and give supervisors extra training on spotting and addressing problems
- Make sure your anti-harassment and business conduct policies include multiple avenues for reporting concerns so employees never have to report through the person causing the problem
- A retaliation policy is also important. By clearly prohibiting retaliation against anyone who raises a concern in good faith, you’ll make it more likely that someone will come forward if they’re being bullied. Many laws also protect employees who report suspected legal violations or take part in investigations.
- Respond consistently. Look into concerns promptly and fairly, document what you find, and take action that fits the conduct, even when the behavior does not rise to the level of unlawful harassment
Don’t wait for bullying to become a legal problem
Many employers ask, “Is this illegal?” A better question is, “Is this behavior acceptable here?” Bullying and unlawful harassment often overlap. Mistreatment tied to a protected characteristic, such as race, sex, religion, age or disability, may be a form of harassment under federal, state or local law, and physical violence and threats may be criminal. But much bullying does not fit neatly into any legal category, and it still harms people and productivity. Addressing it early is good management and can keep a conflict from growing into a legal claim, injury or departure of an employee. Because the rules vary by location and change over time, employers operating in more than one state should review their policies and procedures with their HR and legal advisors.
What does workplace bullying have to do with workers’ compensation?
More than you might think.
Under the Occupational Safety and Health Act of 1970, employers are required to provide a safe workplace. One aspect of workplace safety is addressing the risk of workplace violence, which OSHA defines as “any act or threat of physical violence, harassment, intimidation, or other threatening behavior that occurs at the work site.”
Bullying can contribute to injuries. Stress, fatigue and distraction raise the risk of accidents, and hostile conduct can escalate into physical altercations. Bullying can discourage reporting, too, and late or unreported injuries are often harder to treat and more costly to resolve.
Getting employees back to work as soon as they are medically able is an important goal following an occupational injury. Creating a safe and positive workplace will increase the likelihood of return to work success.
Conclusion
Employees have a right to a safe workplace.
And employees who feel welcomed and happy are likely to be more productive, develop stronger relationships with their coworkers, and overall be more satisfied with their work. For more, read our blog, Why employee happiness is so important.
Originally published in July 2021; updated October 2026.
This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.