How canI complain about workplace bullying?
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How canI complain about workplace bullying?
My dad has recently been complaining about a supervisor always giving him a hard time at work. He tells him that why does he even come to work if the ones already there can already handle it. On several occasions it has come to having my dad not be given overtime because of him. There are also several other people giving a hard time. My dad does not speak English and it has been a kind of joke to the supervisor as well as some of the other co-workers when he does not know how to write, say something. He has been really stressed about it and has kept it quiet. What can he do?
Asked on December 29, 2011 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general matter, workplace "bullying" is allowed--coworkers, supervisors, employers, etc. may be unpleasant and bullying, so long as they don't do anything specifically illegal (for example, no vandalism, theft, assault).
Federal law specifically prohibits discrimination and harassment in employment on the basis of race (and also religion, sex, age over 40, or disability), but does not prohibit discrimination or harassment due to national origin or language. Depending on your father's race, the actions of the coworkers and supervisor therefore may or may not be illegal discrimination.
Some states will also protect national origin or language, and not allow workplace discrimination on those bases; you and your father should check the laws of your state on workplace or employment discrimination and see if these categories, or any other categories relevant to him, are covered.
If there is illegal discrimination going on, your father may not suffer retaliation for reporting it or making out a claim based on it--and he may be entitled to monetary compensation as well. If your father is protected on the basis of federal law (race) or state law (e.g. language), he should speak with an employment law attorney to discuss his rights and options.
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