Bullying is something that we all would have thought we would have left behind in middle school. While it is not acceptable there either, bullying should certainly never occur in a professional workplace environment. This raises an important question: Is workplace bullying illegal in Connecticut? The short answer is “it depends”—our state does have an anti-workplace bullying law in place, but bullying must be tied to a protected characteristic to constitute harassment. Here, our Connecticut workplace harassment lawyer provides an overview of the key things to know about workplace bullying protection laws in the state.
What is Workplace Bullying?
According to a study cited by Purdue University, workplace bullying is defined as “repeated, health-harming mistreatment of one or more persons (the targets) by one or more perpetrators.” It can take a very serious emotional and physical toll. In other words, workplace bullying involves the repeated, unreasonable conduct by a person or groups persons against someone in a professional setting. The aim is generally to intimidate, degrade, or undermine. In some cases, bullying actions can be overt—such as direct verbal abuse and clear threats. In other circumstances, they can be more subtle—like spreading rumors and isolating a colleague. The impact of workplace bullying can be severe, affecting the mental health and job performance of the victim. It creates a toxic work environment—and it can be illegal if certain criteria are met.
Bullying is Unlawful if Harassment Under the CFEPA
In Connecticut, bullying within the workplace becomes unlawful if it constitutes harassment under our state’s Connecticut Fair Employment Practices Act (CFEPA). The law protects employees from harassment based on race, religion, color, national origin, ancestry, age, sex, marital status, sexual orientation, gender identity or expression, disability, and genetic information. For bullying to be deemed illegal, it must be pervasive or severe enough to create a hostile work environment or result in an adverse employment decision, like demotion or termination. Notably, employers are required to prevent and address such behavior. An employer in Connecticut could potentially be liable for bullying committed by a business owner, supervisor, co-worker, or even a customer/client.
Understanding Connecticut Workplace Bullying Laws Through Examples
When does workplace bullying cross the line from unfair conduct to outright unlawful conduct? In Connecticut, any workplace bullying that is tied to a legally protected characteristic is unlawful under the CFEPA if that bullying is severe enough or pervasive enough to undermine the job performance of a reasonable employee. To best understand workplace bullying harassment claims, it is useful to consider some examples. Here is an overview:
- Covered (Racial Harassment): Workplace bullying that is racial harassment is barred by state law. In Connecticut, if an employee faces repeated racial slurs, jokes, or offensive remarks that create an intimidating or hostile work environment, this is considered unlawful under the CFEPA. Any of racial harassment undermines the dignity and respect of a worker based on their race. An employer is legally obliged to intervene and take action to rectify the situation under Connecticut state law. Race-based bullying can be unlawful harassment.
- Covered (Disability Harassment): Disability harassment occurs when unwelcome conduct directed at a person due to their disability becomes frequent or severe enough to affect their work environment or employment status. Some examples include mocking someone’s physical limitations, excessive scrutiny of a disabled person, or impeding their workplace accommodations in a bullying manner. Under the CFEPA, such actions are illegal.
- Not Covered (Overly Critical Boss): While dealing with an overly critical boss can be challenging and even downright unpleasant, it generally does not fall under the purview of the CFEPA unless it crosses into discrimination based on a protected characteristic. Mere criticism about work performance—even if harsh and unfair—does not qualify as harassment under the CFEPA. Employees might seek other remedies like human resources intervention or workplace mediation, but the legal protections for harassment do not typically apply unless the criticism is driven by a protected characteristic.
The Bottom Line: No employee in Connecticut should be forced to deal with bullying in the workplace. With that being said, bullying conduct is not always enough to support an unlawful harassment claim. To hold an employer liable for allowing/failing to stop unlawful harassment under the CFEPA, you generally need to prove that you were bullied, at least in part, on the basis of a protected characteristic, such as race, gender, LGBTQ status, or disability status.
Know Your Remedies for Unlawful Workplace Harassment in Connecticut
Were you or your loved one the victim of workplace bullying in Connecticut? You have the right to bring a legal claim to seek all available remedies. What exactly remedies will be available depends on a wide range of case-driven factors. Along with other remedies, the victims of workplace bullying in Connecticut may be entitled to any combination of the following:
- Immediate action to stop bullying behavior;
- Back pay if fired or forced to resign;
- Compensation for emotional distress; and
- Payment of attorneys’ fees and other legal costs.
How Our Connecticut Employee Rights Attorney Today
Workplace bullying claims are complicated. You do not have to take on a bully—supervisor or otherwise—alone. At Hayber, McKenna & Dinsmore, LLC, we are committed to putting the rights of employees first. Our attorneys have extensive experience handling a broad range of workplace harassment cases. For more information, we encourage you to review our client testimonials, our representative case results, and to reach out to our Connecticut workplace bullying attorneys directly with specific questions or concerns about a case.
Contact Our Connecticut Workplace Harassment Lawyer Today
At Hayber, McKenna & Dinsmore, LLC, our Connecticut workplace harassment attorney is standing by, ready to protect your rights. If you or your family member was the victim of bullying in the workplace, we are here as a resource. Call us at (860) 522-8888 or contact us online to get your confidential initial consultation. With law offices in Hartford and Milford, we represent employees in workplace harassment claims across all of Connecticut.