Know your rights

Workplace harassment and bullying can create a toxic environment that affects productivity, morale, and employee well-being. Knowing your rights is crucial in protecting yourself.

Legal Protections Against Harassment

While U.S. workers don’t have legal protections against all forms of abuse, which is why we’re trying to pass the Workplace Psychological Safety Act in every state, we do have protections against harassment. Harassment is considered unlawful when it involves:

• Discriminatory treatment based on a legally protected status (race, gender, disability, etc.).
• Intentional and outrageous behavior that causes severe emotional distress.
• Unwanted, objectionable conduct that is severe or pervasive enough to create an intimidating, hostile, or abusive work environment.
  

Laws at the federal, state, and local levels offer some protections against workplace harassment, including:

• Title VII of the Civil Rights Act – Protects employees from discrimination based on race, color, national origin, gender, and religion.
• Americans with Disabilities Act (ADA) – Prohibits discrimination against individuals with disabilities.
• Age Discrimination in Employment Act (ADEA) – Protects employees over 40 from age-based discrimination.
• State and Local Laws – Many states offer additional protections against workplace harassment.
• Common Law Protections – Common law is based on court decisions setting precedent rather than written law and includes claims like Intentional Infliction of Emotional Distress and breach of contract.
  

Workplace Bullying vs. Harassment

While workplace harassment is tied to discrimination laws, bullying can impact anyone regardless of protected status, even though bullying happens more frequently to those with protected status. Many bullying incidents fall outside legal protections, leaving employees vulnerable to mistreatment without a clear pathway for legal recourse.

Watch “Legally Speaking,” hosted by 7x Emmy award-winning journalist Andrea Morehead Allen.

What to Expect in the Litigation Process

If workplace harassment escalates to legal action, the process can be lengthy and challenging. Litigation costs a minimum of $10,000-$15,000 for targets. You won’t find attorneys to take it on contingency unless you make six figures because it’s not worth it to them.

1. Pre-Litigation – Filing a complaint with the EEOC (must be within 180–300 days, depending on state laws). The EEOC takes on few cases due to budget constraints. They will likely issue you a right to sue letter.
2. Motion to Dismiss – About 19% of cases are dismissed at this stage.
3. Early Settlement – Many cases settle before trial, with median settlements around $30,000–$40,000.
4. Trial – Few cases make it to trial, but those that do may receive verdicts averaging $110,000.
   

Courts have often ruled that conduct must create a “hellish” work environment to be considered unlawful. This high standard makes it difficult for employees to bring forward claims unless the behavior is extreme and persistent.

the litigation process is rigged

Employees pursuing legal action often face:

• Retaliation, including job loss or demotion.
• Difficulty securing legal representation due to high litigation costs.
• Emotional and financial strain from prolonged legal battles.
• No change except monetary compensation. There will likely be no workplace culture changes or job reinstatement.
  

Is the law really a tool for justice—or a way to preserve power? Rights on Trial by Berrey, Nelson, and Nielsen argues that U.S. civil rights law—especially around workplace discrimination—often fails to challenge power structures and instead reinforces them. While the law gives the appearance of fairness, the system rarely delivers justice for workers harmed by bias.

Structural Failures in the Legal System
Most workers don’t file discrimination complaints. Only a fraction go to the EEOC; fewer still file lawsuits. Most fear retaliation, don’t trust the system, or lack resources.
When workers do sue, they rarely win. Only 6% of cases make it to trial, and most are settled quietly—often with NDAs that prevent change. Media coverage overstates win rates.
Legal representation is key, yet many workers (especially workers of color) can’t access quality legal help due to systemic racism, financial barriers, or bias in attorney selection.
The law favors repeat players—employers with resources, internal legal teams, and strategies to discredit plaintiffs. Employees are one-shot litigants, often isolated and unsupported.

How Law Reinforces Hierarchies
The legal process individualizes systemic problems, treating discrimination as isolated events, not organizational patterns.
Employers use stereotypes to explain away discrimination: women are “emotional,” Black employees “difficult,” older workers “out of touch,” disabled people “faking it.”
Courts legitimize these stereotypes by relying on “objective” standards that ignore bias.
Even successful cases often end with no admission of guilt, no policy changes, and minimal compensation after legal fees.

The Process Is the Punishment
Plaintiffs often suffer job loss, financial ruin, emotional distress, and reputational harm—whether or not they win.
Many simply want fairness, reinstatement, or recognition of wrongdoing—but get none.
Employers frame plaintiffs as troublemakers, push for arbitration, and prioritize liability control over justice.

What Can Be Done
Ban NDAs in settlements to expose patterns of abuse.
Encourage class actions to address systemic discrimination.
Make workforce diversity and pay data public.
Support public interest lawyering and fund the EEOC/FEPAs.
Push for rights-based HR systems and economic justice movements (e.g., fair wages, union support).

Civil rights law in practice rarely disrupts inequality—it often reproduces it. Real change will take more than legal claims; it requires structural reform, transparency, and collective action.

How to Protect Yourself

If you experience workplace bullying or harassment:

• Know employer deflection tools.
• Understand the FEAR NOT Framework – get tips on a path to employer accountability from an HR chief.
• Document everything – Emails, performance reviews, and witness statements can support your claim. Keep documentation on your own devices (Google Drive is recommended), not on company equipment since they can delete your files and monitor your actions.
• Put communication in writing, even if your employer won’t.
• Follow internal reporting procedures – Many courts require employees to exhaust company complaint mechanisms before filing a lawsuit.
• Seek legal advice – An employment lawyer can help you determine the best course of action.
• Prioritize your health – Workplace bullying can have serious mental and physical effects, so seek support if needed.
  

Take Action for Change

Workplace bullying remains a widespread issue with few legal protections. The best way to create change is through collective action:

• Advocate for stronger workplace protections by contacting legislators.
• Support workplace policies that encourage accountability.
• Encourage union involvement to negotiate anti-bullying clauses in contracts.
  

Everyone deserves a safe and respectful workplace. Understanding your rights and taking proactive steps can help protect yourself and others from workplace bullying and harassment.

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