How to Recognize the Difference Between Bullying and Harassment

Analysis Framework for Distinguishing Bullying vs Harassment

Step 1: Identify the Behavior Pattern

Document the specific conduct you're experiencing: - Verbal abuse, humiliation, or intimidation - Exclusion from meetings, communications, or opportunities - Excessive criticism or impossible performance standards - Work sabotage or interference with job duties - Public embarrassment or professional undermining

Step 2: Analyze the Targeting Pattern

Examine who else experiences similar treatment: - Are you the only person treated this way? - Do others with your protected characteristics experience similar treatment? - Are people outside your protected class treated differently? - Is there a pattern of targeting based on protected characteristics? - Does the behavior correlate with protected class membership?

Step 3: Examine the Content and Context

Analyze what the bully/harasser says and does: - Are comments related to your protected characteristics? - Does behavior reference stereotypes about your protected class? - Are there explicit references to race, gender, religion, etc.? - Does timing correlate with protected activities (pregnancy, religious observance)? - Is behavior connected to requests for accommodation or civil rights complaints?

Red Flag Indicators of Illegal Harassment

Explicit Protected Class References: - Direct comments about race, gender, religion, age, or disability - Use of slurs or derogatory terms related to protected characteristics - "Jokes" or comments based on protected class stereotypes - Questions or comments about protected class membership - References to protected class when discussing work performance or capabilities Differential Treatment Patterns: - Different standards applied to protected class members - Exclusion of protected class members from opportunities - Different disciplinary standards for similar conduct - Preferential treatment for non-protected class members - Segregation or isolation of protected class members Timing Correlations: - Behavior beginning after disclosure of protected characteristic - Escalation after civil rights complaints or EEOC filings - Changes in treatment after requests for religious or disability accommodation - Harassment following pregnancy announcements or family medical leave - Different treatment after protected class advocacy or support

Warning Signs of Pure Workplace Bullying

Equal Opportunity Mistreatment: - Supervisor treats all employees poorly regardless of characteristics - Bullying behavior affects everyone in the workplace similarly - No apparent correlation between treatment and protected class membership - Consistent behavior patterns across all employee demographics - Same standards and treatment applied to all employees Non-Protected Motivations: - Bullying based on personality conflicts or work style differences - Mistreatment due to performance issues or skills deficits - Behavior motivated by workplace politics or competition - Harassment based on non-protected characteristics (appearance, social class) - Retaliation for non-protected activities (whistleblowing, union activity) Management Style vs. Harassment: - Consistently demanding management across all employees - High performance standards applied uniformly - Direct communication style affecting everyone equally - Micromanagement or oversight that doesn't target protected classes - Workplace policies enforced consistently regardless of protected characteristics