An alarmingly high number of employees find themselves at the receiving end of verbal harassment at their workplaces, as highlighted by the data from the Workplace Bullying Institute. With over 65 million Americans being impacted by such scenarios, the issue of verbal abuse at workplaces is anything but trivial.
The State of California has taken a stern stand against verbal harassment at workplaces, categorizing it under workplace violence. The federal and state laws provide a safety net against such hostile environments. Contact PLBH at (800) 435-7542 if you need assistance from an employment law attorney.
Deciphering Verbal Harassment through Federal and State Lenses
The U.S. Department of Labor recognizes various forms of verbal abuse as constituents of workplace violence, which may birth a hostile work environment. This abuse manifests in numerous ways – mocking, racial or sexual slurs, threats, name-calling, or even derogatory jokes. When an employee or a supervisor resorts to intimidation or coercion, infringing upon another employee’s rights as stipulated by California or Federal Law, they cross the boundaries set by California’s Bane Civil Rights Act.
The Subtle Shades of Verbal Harassment
Not all verbal harassment comes with blatant insults or threats. Some employees endure a more subtle, yet equally damaging form of verbal abuse through gossip, false accusations, dismissal of valid concerns, or constant undermining. The continuous occurrence of such subtle abuse often veers into the territory of illegal workplace harassment, casting a long shadow on the victims’ mental and physical health.
Understanding the Legal Parameters of Verbal Abuse
Not every derogatory comment qualifies as verbal abuse. An isolated rude remark may not constitute an illegal act. However, the situation escalates to illegality if verbal abuse intertwines with sexual harassment or racial discrimination.
Federal Law violations often involve Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, or the Age Discrimination in Employment Act of 1967, where verbal abuse targeted towards an individual’s race, color, religion, sex, or other protected categories, is recognized as harassment by the Equal Employment Opportunity Commission (EEOC).
On the state front, California ushered in Assembly Bill 2053 in 2014 to clamp down on “abusive conduct” in workplaces. The legislation zeros in on repeated verbal abuse instances like derogatory remarks or intimidating language. While not directly paving the way for a civil lawsuit, this law empowers the Department of Fair Employment and Housing to penalize non-compliant employers. Moreover, if the abusive conduct escalates to threatening or unsafe working conditions, it treads into violation territory of California’s Civil or Labor Code.
Actionable Steps Post Verbal Abuse
Experiencing verbal abuse leaves indelible scars, often morphing into anxiety, depression, or other emotional and physical tolls. Victims of such abuse should:
- Initiate a Workplace Grievance: Lodging a grievance with management is the preliminary step. Your employee handbook typically outlines the process to address workplace harassment or discrimination.
- Engage with the EEOC: Independently or post-grievance, approaching the EEOC is advisable. They provide free counsel on your case, equipping you with valuable insights for your verbal abuse claim, although it’s critical to file within 180 days from the abuse incident.
- Reach out to California State Authorities: California’s Fair Employment and Housing Act (FEHA) can be a valuable recourse, and filing a claim may also result in a dual filing with the EEOC.
- Explore Legal Proceedings: If the verbal abuse is tethered to discrimination or unsafe working conditions, a lawsuit against the employer could be a viable route. Establishing that the abuse was linked to protected class membership or that it led to unsafe working conditions may pave the way for litigation under California’s Division of Occupational Safety and Health, or under the Civil or Labor Code.
Confronting verbal abuse in the workplace requires a nuanced understanding of federal and state laws. Seeking professional legal advice from establishments like PLBH by reaching out at (800) 435-7542, could provide the requisite guidance and support in navigating the legal channels to address and redress verbal harassment.