Los Angeles, CA asked in Employment Discrimination and Employment Law for California

Q: Am I being harassment/ bullied?

Since march 2024: I’ve been in a position in my workplace where behavior towards me is increasingly making me feel uncomfortable.

Behavior includes:

Gossiping: while I’ve never heard the gossip firsthand from those who spoke of me, I have a workplace colleague who has communicated specific things to me that would clearly identify me as being the target.

Ignoring me: two specific workplace leaders ignore me and do not engage with me. I was blocked on social media by one. These two do not greet me nor say goodbye to me in the workplace. They will do things such as walk down the aisle of our location saying hello/bye to everyone, but me.

Petty behavior: they will close doors on my face as I approach a room or will not show/ acknowledge gratitude of me holding doors open for them.

I’ve reported this to my direct manager and was never resolved. As I have said, this level of behavior makes me feel uncomfortable.

2 Lawyer Answers

A: There is a big difference between behavior that should not occur and behavior that is unlawful. Note that the other answer you have received does not say the behavior you have reported is unlawful. It likely is not violative of any law.

Bullying, gossiping, cold shouldering and other rude behavior is not unlawful unless you can establish that it is motivated because you are a member of a protected class of people or because you engaged in some form of legally protected conduct. There is nothing in your post to suggest that is the motivation for the conduct you are experiencing.

If you believe there is an unlawful motive behind what you are experiencing, it would be a good idea for you 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.

James L. Arrasmith
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Answered

A: It sounds like you are experiencing behavior in your workplace that could be considered harassment or bullying. Repeated gossip, being deliberately ignored, and petty actions that make you feel uncomfortable are concerning, especially since these behaviors seem targeted. Being excluded or treated differently by leaders or colleagues can create a hostile work environment, which is not acceptable.

You've already taken an important step by reporting the issue to your direct manager, but since it has not been resolved, it may be time to consider other options. Documenting specific incidents and gathering any evidence, such as messages or witnesses, can be helpful if you decide to escalate the matter.

You may also want to explore your company's anti-bullying or harassment policy, and if the issue persists, consult with HR or another appropriate authority. Workplace harassment is not something you should have to tolerate, and there are ways to address it to ensure you feel safe and respected in your work environment.

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