Illinois Employer’s Burden of Proof for Workplace Bullying

 Posted on July 24,2024 in Employment Discrimination

Bullying is not something that only happens to children. Bullying behavior occurs in the adult workplace at an alarming rate, with an estimated 48.6 million Americans admitting to being bullied at work. While we might think virtual workers are immune from bullying, a staggering 43.2 percent of virtual workers say they have been bullied in virtual meetings and through emails. Women bully other women at twice the rate that women bully men.  

Although the employee claiming bullying in the workplace must prove that the bullying behavior is pervasive and creates a hostile workplace, Illinois employers also have a burden of proof to show they immediately handled the situation once it was reported. In Illinois, if an employee can show they have legal cause to sue their employer for matters involving discrimination, the employer will need to prove they are not violating the FLSA. Bullying falls under a hostile work environment or harassment in the workplace and is a form of discrimination.

A Schaumberg, Illinois employment lawyer from The Miller Law Firm, P.C. will help employers facing a discrimination lawsuit prove the company followed the law and acted appropriately as soon as the misconduct was brought to their attention. If your business did everything right yet still faces an employee lawsuit, our highly experienced employment attorney is ready to help you defend against the allegations.

What is Workplace Bullying?

Workplace bullying involves repeated mistreatment of one or more people. Abusive conduct that threatens, humiliates, or intimidates a co-worker or a subordinate is bullying behavior. Any behavior that interferes with an employee’s ability to get their work done—including sabotage—is bullying.

While bullying may occasionally take the form of physical abuse, it more often comes in the form of verbal abuse. Bullies have a need to control others in the workplace, either by directly subjecting them to bullying behaviors or by withholding necessary resources. Chronic exposure to bullying behaviors can harm an individual’s health and well-being, both emotionally and physically.

What is an Employer’s Legal Obligation Regarding Workplace Bullying?

The Healthy Workplace Bill has been introduced into 32 state legislatures, yet no state has yet written it into law. So, while there is no specific federal law that addresses bullying specifically, it qualifies as harassment; the EEOC states that employees are protected from workplace harassment by Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990. The Illinois Human Rights Act describes what constitutes harassing behaviors in the workplace.

Businesses should have anti-bullying policies that define bullying, provide examples, and outline proper procedures for reporting. Even without such a document, the employees’ handbook should outline clear procedures for reporting bullying behaviors safely and anonymously. Once reported to a manager or to HR, an immediate investigation should take place, and disciplinary actions for perpetrators should be implemented when warranted.

Every workplace should foster an environment of inclusion and respect, and managers should ensure employees have access to necessary resources, like counseling and support groups. Training sessions should be a part of employee onboarding to set clear expectations regarding appropriate workplace behavior. Employees should have more than one avenue for reporting instances of bullying, and once reported, the matter should be dealt with swiftly to avoid a future discrimination lawsuit.  

Contact a Schaumburg, IL Employment Attorney

If your business is facing a discrimination lawsuit or you want to take steps to ensure you do not find yourself in such a situation, you need to speak to a skilled Schaumburg, IL employment lawyer from The Miller Law Firm, P.C.. You need an attorney with unique insights into how companies are structured and comprehensive knowledge of the dynamics that affect a company’s success. Clients rely on The Miller Law Firm, P.C. to competently settle legal disputes arising from employee discrimination. Call 847-995-1205 today to schedule a free consultation with a knowledgeable attorney.