Workplace Bullying Defined
The definition of workplace bullying can differ by state and industry. Overall, workplace bullying can be defined as persistent abusive behavior directed towards an employee or group of employees, which typically involves repetitive, health-harming verbal abuse, threatening, humiliating, or intimidating behaviors, work sabotage, and off-site behavior such as social media abuse, cell phone abuse, social harassment, and cyber-stalking.
Examples of workplace bullying include abusive supervision and negative acts at work impacting the target. Dr. Einarsen and his colleagues found that supervisory bullying is based on the power and authority of the supervisor. Bullying may be expressed as abusive supervision, social undermining, and creating fear in subordinates. Negative acts at the workplace have been documented to be severe, becoming systematic, and growing in scope and intensity over time.
Einarsen devised a three-phase model in which supervisors who bully have personality characteristics such as an aggressive and dominant supervisory style and reject people of lower status by denying their humanity. The primary effect of the three-phase model is that the supervisor’s actions rapidly grow from inconsiderate behavior to terrorizing employees.
Workplace bullying is pervasive because workplace behaviors have been documented to be endemic , with almost all employees (96%) experiencing some form of bullying at work. Bullying is also widespread; the vast majority of employees experience some form of bullying. The indirect effects of workplace bullying are more common than direct effects. Dr. Einarsen and his colleagues studied subordinates’ perceptions of a negative work environment, including stress, job satisfaction, and intentions to leave the organization. Empirical studies show that workers must be primed or exposed to information on workplace bullying for awareness and testimony to occur. Bullying acts are difficult to report or even recognize without education, training, and explicit examples.
Workplace bullying characterizes many types of negative behavior, in suboptimal psychological climates. Four main types of bullying at work appear to be stressful: the target, the work environment, the supervisor, and personal factors. These four types interact to create occupational stress at work. Workplace bullying has been shown to create psychological distress, which in turn causes emotional and behavioral reactions.
Existing Illinois Employment Bullying Laws
The state of workplace bullying laws in Illinois is complicated, primarily because no state in the country has actually passed comprehensive legislation aimed at the issue of bullying. And Illinois is no exception. At present, 26 states have introduced anti-bullying legislation to some degree. However, to date, Illinois is not among them.
The Employment First Act is the only anti-bullying legislation that has been introduced in Illinois. However, the bill, if passed, would deny a license or certification to employers accused of workplace bullying instead of stopping it outright.
No other Illinois workplace bullying bill has passed or become law.
The Workplace Psychological Safety Bill (HB 649) passed the Illinois House in 2013 but failed in the Senate. This bill would have required that employers adopt a psychological safety policy that would discourage harassment and bullying in the workplace. Employers would be required to implement training for supervisors, investigate reports of abusive conduct and take corrective measures to stop bullying.
Issues with Current Illinois Laws on Workplace Bullying
Even past legislation did not define workplace bullying and was instead focused on prevention efforts. In addition, both bills had loopholes that would have made them difficult to enforce. Furthermore, anti-bullying measures are currently covered under sexual harassment and workers’ compensation laws in Illinois.
Likewise, the Illinois Human Rights Act (775 ILCS 5/1-101, et seq.) includes provisions that protect employees against workplace harassment. The filtering clause states that sexual harassment is defined to include either quid pro quo or hostile environment. As such, the condition does not require that the discrimination be based on sex or sexual advances to prevail. Furthermore, the legislation includes a filtering clause that outlaws work intimidation.
Given these existing laws, it might be difficult for Illinois anti-bullying legislation to pass. Until then, other state laws will continue to affect employers across the nation.
Like Illinois, Connecticut has also attempted to enact anti-bullying legislation but has failed to do so thus far. Currently, 28 Connecticut lawmakers have partnered to create an anti-cruelty policy in the workplace, which focuses on intimidation and abuse among employers and employees. They will try again in February to establish an anti-bullying effort in the workplace.
Illinois Laws to Protect Against Bullying
The state of Illinois currently does not have any law, including anti-discrimination laws or workplace harassment policies, that specifically protects employees from bullying behavior. The Illinois Human Rights Act (IHRA) serves to protect individuals from disparate treatment based on race, color, religion, sex, national origin, ancestry, age, marital status, citizen status, physical or mental disability, military status, sexual orientation, and pregnancy. Although the IHRA is the primary state law in Illinois concerning discrimination and workplace harassment, it does not extend protection against workplace bullying.
The closest legal protection that may aid a bullied employee in Illinois is the Illinois Ethnic Intimidation Act. However, a victim of workplace bullying would likely face a difficult road if they attempted to bring such a claim against their bully. The sole purpose of the Illinois Ethnic Intimidation Act is to protect individuals from "intimidation" based on their race, color, religion, or other statuses included in the IHRA. Essentially, this means that, for an employee to be protected under this law, the bully’s conduct must involve a direct physical threat or use of force. Any insults, threatening remarks, or alleged psychological intimidation unrelated to a physical threat would fall much more under the IHRA.
Similar to the IHRA, the Equal Employment Opportunity Commission (EEOC) also prohibits abusive practices in the workplace that are classified as race-based harassment, sexual harassment, color-based harassment, national origin-based harassment, religion-based harassment, retaliation, and sexual or sex-based harassment. However, even though the EEOC’s Code of Federal Regulations states that abusive conduct includes "offensive, intimidating, or insulting behavior that adversely affects the work environment," it also notes that "mere teasing" is not considered harassment so long as it is not sufficiently severe or pervasive to affect a reasonable person of the same "protected class" as the target.
There are no federal laws that specifically outlaw workplace bullying in Illinois or any other state. However, the District of Columbia and the state of California have enacted laws that prohibit harassing behavior that leads to a hostile work environment. Similarly, New York City recently passed legislation banning bullying in the workplace. These are the only three laws both at state and federal levels that have enacted protections against workplace bullying.
What to Do if You’re Bullied at Work in Illinois
If workplace harassment or bullying does not stop, it can lead to hostile work environments and create an unsafe and abusive situation. In Illinois, workplace bullying does not have a lot of protections. However, employees can break the cycle with specific recourse.
First, complain about the bullying. Many employers have codes of conduct and anti-bullying policies. If you do not follow these policies, many courts will assume that you have consented to the bullying or that it does not bother you. The harassment may be actionable if the employer still does not take action to end the conduct. Under the Illinois Human Rights Act (IHRA), employees can report workplace bullying to the Equal Employment Opportunity Commission (EEOC) . They can also file a charge under the IHRA within 300 days of the date of the bullying to protect against an employer’s anti-discrimination policies that may be triggered by filing an EEOC charge. Employees can also file in federal court for damages. Because of the mental/emotional abuse involved, workplace bullying and harassment affects workers’ long-term well-being, and it can lead to severe mental health distress. Therefore, if the harassment continues or worsens over time, employees are advised to contact an attorney immediately because the statute of limitations can be short if the action is taken in federal court.
How Employers Can Stop Bullying in Illinois Workplaces
Employers in Illinois also have clear responsibilities to prevent workplace bullying. The Illinois Personnel Record Review Act, 820 ILCS 40/1-40/99 et seq., requires employers to establish a written policy against the retention of a personnel record that is, and I quote, "harassing, coercive, wrongful, degrading, humiliating, disparaging, or intimidating" (820 ILCS at sections 30, 30.25). Under this law, an employee has a right to review their own personnel file.
Most employers do not have a written policy on their personnel records. Not only is it recommended, it is the law. The company should include a specific provision in the policy about bullying, which explains to employees what bullying is, that the company prohibits bullying, and how an employee can complain about it.
The company has a further obligation to train its front-line supervisors how to recognize incidents occurring in the workplace that may or may not constitute bullying, how to stop it from occurring, and how to discipline the bully who does not stop.
In addition, the company must establish a systematic process for investigating and documenting complaints. Further, the company has a duty to make sure that those making and receiving the complaint are not subject to retaliation. (820 ILCS 40/25) To put it simply, employers in Illinois have a legal obligation to prevent workplace bullying.
The Future of Workplace Bullying Law in Illinois
The future of workplace bullying legislation in Illinois is uncertain, as lawmakers have yet to successfully pass a comprehensive anti-bullying law. However, several groups are advocating for change and working to raise awareness about the issue. Advocates for a bullying-free workplace continue to push for legislation that would extend protections to workers in the state. Organizations like the Workplace Bullying Institute provide resources on current laws and proposed legislation, helping to prepare advocates for future legislative battles.
Activists have also organized campaigns to educate legislators about the harmful effects of workplace bullying and the need for legal protection. In particular, they have met with legislators’ staff, provided testimony at legislative hearings and held educational events. These activities have been successful in raising awareness and getting lawmakers to consider potential solutions to the issue .
As other states also wrestle with passing similar legislation, activists in Illinois constantly monitor efforts in other jurisdictions to gain insight into how to be successful in their own. These include looking at how states that passed anti-bullying laws previously overcame obstacles and challenges in their own legislatures. How Illinois lawmakers respond in the coming years may impact these discussions and efforts in other states as well.
Ultimately, it is unclear what the future holds for Illinois workplace bullying legislation, but advocates are determined to continue their efforts and raise awareness around the issue. Although Illinois does not currently have a comprehensive workplace bullying law, activists are hopeful that they will eventually be able to push forward successful legislation to ensure a harassment-free workplace for all employees in the state.