Two of the most damaging workplace problems employees encounter are bullying and harassment. While related, they carry very different implications. The terms are sometimes blurred together, but the law treats them differently, and understanding the distinction is important for both employees and employers.
What is the Difference Between Workplace Bullying and Sexual Harassment?
Workplace bullying generally involves repeated, targeted behavior meant to intimidate, humiliate, or undermine another employee. It can create a toxic environment, but it is not always unlawful unless it involves protected categories such as race, gender, or religion. Sexual harassment, on the other hand, is a form of unlawful discrimination that specifically involves unwanted sexual conduct or comments.
Examples of Workplace Bullying
Bullying behaviors are often subtle at first but become damaging over time. Common examples include:
- Spreading rumors or gossip about a coworker
- Excluding someone from meetings or group activities
- Constantly criticizing an employee’s work in front of others
- Setting unrealistic deadlines or workloads to ensure failure
- Undermining authority or professional credibility
Even when not unlawful, bullying undermines morale, drives turnover, and creates a toxic culture that hurts both employees and the company.
Examples of Workplace Sexual Harassment
Sexual harassment in the workplace is unwanted sexual conduct that interferes with an employee’s ability to work or creates a hostile environment. Examples include:
- Unwelcome sexual comments or jokes
- Inappropriate touching or physical advances
- Requests for sexual favors in exchange for job benefits
- Displaying offensive or explicit images in the workplace
- Repeatedly asking a colleague out despite refusals
Unlike bullying, these behaviors fall under state and federal employment laws and can form the basis of a legal claim.
What is Not Considered Workplace Harassment?
Not every unpleasant interaction qualifies as harassment. Personality conflicts, isolated disagreements, or a manager who is strict about performance standards may be difficult, but they are not unlawful harassment. To meet the legal definition, the conduct must involve a protected category or be severe or pervasive enough to change the conditions of employment.
Hostile Work Environment vs. Workplace Bullying
A hostile work environment exists when harassment becomes severe or pervasive enough to affect an employee’s conditions of employment. Not every instance of bullying rises to this level. For example, an overly harsh manager may be considered a bully, but unless their behavior is tied to a protected category or is so severe that it alters the terms of employment, it does not qualify as unlawful harassment. The distinction is critical. Bullying may cause stress and conflict, while harassment and hostile work environments trigger legal protections under both New Jersey and federal law.
Call Our Workplace Sexual Harassment Lawyers in NJ
If you believe you are dealing with bullying, harassment, or a hostile work environment, it is important to seek guidance as soon as possible. At McOmber McOmber & Luber, P.C., our sexual harassment attorneys have decades of experience representing employees across New Jersey in cases involving sexual harassment, workplace discrimination, and hostile work environments. We can evaluate your situation, explain your rights, and pursue the remedies you deserve.
Contact our Red Bank, Marlton, or Newark offices today to schedule a confidential consultation with an experienced employment lawyer.
