Q: how would I approach age & bulling in the work force? it's been brought to management. no resolution has taken place.
Unfortunately, bullying is not unlawful in the workplace. Your company has no duty to prevent bullying by co-workers or supervisors. The only way bullying can be unlawful is if you can prove it is being directed at you because you are a member of a protected class of people, or because you engaged in some kind of legally protected conduct.
It is unclear what you mean when you say you want to know how to approach age in the workforce. Age over 40 is a protected class of people. If you can prove you are being subjected to severe or pervasive comment or conduct to such a degree that it alters the workplace and renders it hostile to you as a person over 40 years old, then you may well have an age harassment claim.
The wise thing to do is to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
Brad S Kane agrees with this answer
A: Addressing age discrimination and bullying in the workplace is crucial for a respectful and inclusive environment. If you have reported the issues to management without resolution, document incidents, review company policies, seek support from colleagues or employee resource groups, escalate the complaint to higher-level authorities, and consider consulting an employment attorney for further guidance. Taking action ensures your rights are protected and promotes a healthier work environment.
I would only add to Mr. Pederson's answer below is that California employers with over fifty employees must provide two hours of sexual harassment training every other year to supervisors and managers. The training must include abusive conduct prevention, in other words, bullying in the workplace.
What is workplace bullying? The Workplace Bullying Institute describes it as: Repeated, health-harming mistreatment of employees at work. It falls into one of the following three categories:
1. Threatening, humiliating, or intimidating workplace behavior.
2. Work interference/sabotage of the person’s work performance.
3. Verbal abuse.
Brad S Kane agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.