Federal Law Remedies Under Title VII, ADA, ADEA:
- Monetary damages: Back pay, front pay, compensatory damages, punitive damages
- Injunctive relief: Court orders requiring policy changes, training, monitoring
- Individual remedies: Reinstatement, promotion, accommodation, expungement of records
- Attorney fees: Prevailing parties may recover reasonable attorney fees
- EEOC enforcement: Federal agency investigation and potential litigation
Damage Limitations and Caps:
- Back pay: No cap on lost wages and benefits
- Compensatory and punitive damages: Capped at $50,000-$300,000 based on employer size
- Attorney fees: No cap on reasonable attorney fees for prevailing parties
- State law alternatives: Many states have no damage caps
Workplace Bullying Legal Options
Limited Federal Protections:
- No general anti-bullying federal law: Federal employment law doesn't prohibit general workplace bullying
- Exception for protected class bullying: Bullying that targets protected characteristics becomes illegal harassment
- Potential federal claims: If bullying violates other federal laws (safety, wage/hour)
State and Local Protections:
- State anti-bullying laws: Utah, California, and a few other states have limited workplace bullying statutes
- Local ordinances: Some cities and counties have workplace bullying protections
- Public sector protections: Government employees may have additional constitutional protections
- Union contract protections: Collective bargaining agreements may prohibit workplace bullying
Alternative Legal Theories:
- Intentional infliction of emotional distress: Severe bullying may support tort claims
- Workers' compensation: Workplace stress and trauma may qualify for benefits
- Contract breach: Violation of employment contracts or workplace policies
- Constructive discharge: Severe bullying may force resignation qualifying as wrongful termination
- Defamation: False statements damaging professional reputation
Practical Remedies for Both Situations
Internal Resolution Options:
- HR investigation and discipline: Company enforcement of workplace policies
- Mediation and conflict resolution: Facilitated discussions to resolve workplace conflicts
- Workplace accommodations: Schedule changes, reporting relationship modifications, office relocations
- Training and education: Company-wide training on respectful workplace behavior
- Management coaching: Training for supervisors on appropriate management techniques
External Advocacy and Support:
- Union representation: Collective bargaining advocacy and grievance procedures
- Professional associations: Industry group advocacy and support resources
- Employee advocacy organizations: Workplace rights groups and support networks
- Legal aid organizations: Free or low-cost legal assistance for workplace issues
- Mental health resources: Counseling and support for workplace trauma and stress