Before proceeding, please review the  legal disclaimer.

Many people experience hostile behavior at work—from verbal abuse and threats to exclusion and manipulation—but wonder, is workplace bullying illegal? The answer is: it depends. In Texas and across the U.S., there’s no standalone law banning workplace bullying. However, bullying can become illegal if it involves harassment, discrimination, retaliation, or creates a hostile work environment under existing employment laws.

If you feel targeted or mistreated at work, understanding your legal options is essential. This guide breaks down what counts as bullying, when it crosses the legal line, and how employment attorneys help employees fight back.

What Is Workplace Bullying?

Workplace bullying is repeated, health-harming mistreatment of an employee by one or more coworkers or supervisors. It can be verbal, physical, or psychological and often involves:

• Intimidation or threats
• Verbal abuse or name-calling
• Sabotaging someone’s work or reputation
• Social exclusion or isolation
• Excessive or impossible workloads
• Humiliation or public shaming

✅ Important: Even if bullying is not technically illegal, it may violate company policies and can lead to legal liability if it overlaps with protected characteristics.

Is Workplace Bullying Illegal in Texas?

Texas does not have a law that specifically prohibits general bullying in the workplace. However, bullying may become legally actionable when it:

• Targets someone based on race, color, religion, sex, national origin, age (40+), disability, or genetic information (Title VII, ADA, ADEA, etc.)
• Creates a hostile work environment or interferes with job performance
• Involves sexual harassment or threats
• Constitutes retaliation for reporting misconduct

In these cases, employees may have legal grounds for a claim under federal civil rights laws or state employment protections.

When Bullying Becomes Harassment

Bullying becomes illegal harassment when it is:

• Severe or pervasive enough to create a hostile work environment
• Based on a protected characteristic under federal law
• Committed by a supervisor or repeated by coworkers with no employer intervention

✅ Example:

If an employee is repeatedly mocked because of their gender identity or threatened because of their ethnicity, that could be actionable harassment under Title VII of the Civil Rights Act.

Common Legal Violations That Involve Bullying

1. Workplace Discrimination

If bullying is tied to race, sex, age, religion, or disability, it may qualify as discriminatory conduct under the EEOC’s definitions.

2. Sexual Harassment

Unwanted sexual advances, comments, or gender-based hostility—especially if repeated—can cross the line into sexual harassment.

3. Retaliation

If bullying escalates after you report wrongdoing or file a complaint, you may have a retaliation claim, which is illegal under both state and federal law.

4. Constructive Discharge

If bullying becomes so intolerable that it forces you to quit, you may be able to claim constructive discharge, especially if it’s tied to harassment.

What Are Your Legal Options as an Employee?

If you’re experiencing workplace bullying, take these steps:

Step 1: Document Everything

• Keep detailed notes of each incident (who, what, when, where)
• Save emails, messages, performance reviews, or HR complaints

Step 2: File an Internal Complaint

• Report bullying to HR or a supervisor using your company’s grievance policy
• Follow up in writing and keep a copy for your records

Step 3: Consult an Employment Lawyer

• A lawyer can determine whether your situation violates employment laws
• They can also help file claims with agencies like the EEOC or Texas Workforce Commission

Step 4: File an Administrative Complaint

If your complaint is based on harassment or discrimination:

• File a charge with the EEOC (must be done within 300 days)
• Or with the Texas Workforce Commission (within 180 days)

Step 5: Consider Legal Action

If the case doesn’t resolve, your lawyer may file a lawsuit for:

• Hostile work environment
• Wrongful termination
• Retaliation
• Emotional distress

What Can You Recover in a Lawsuit?

If successful, workplace harassment or retaliation claims may result in:

• Back pay and front pay
• Compensation for emotional distress
• Reinstatement or promotion
• Legal costs and attorney’s fees
• Punitive damages (in severe cases)

Workplace Bullying That May Still Be Legal (But Unethical)

Not all bullying is illegal. For example:

• A boss who yells at everyone equally
• Passive-aggressive communication
• Favoritism that isn’t based on protected traits

Even if this behavior isn’t against the law, it can still harm morale and mental health. And employers can be held accountable if they fail to enforce their own anti-bullying policies.

✅ Tip: Ask your attorney if bullying violates your employment contract or creates grounds for a civil claim like intentional infliction of emotional distress.

Texas Legislation and Workplace Bullying

While Texas currently lacks a specific anti-bullying employment law, there have been efforts in other states—like Tennessee and California—to introduce “healthy workplace” legislation.

Employee advocates continue to push for:

• Clear definitions of workplace bullying
• Mandatory anti-bullying training
• Legal remedies even when harassment is not tied to protected traits

What Should Employers Do?

Employers can prevent legal risk by:

• Creating strong anti-bullying policies
• Providing harassment and civility training
• Investigating complaints promptly
• Taking corrective action when misconduct occurs

Companies that ignore repeated bullying risk low morale, high turnover, and potential litigation.

Conclusion

While workplace bullying is not always illegal, it can easily cross into harassment, retaliation, or discrimination, all of which are prohibited by state and federal law. If you’re being bullied at work and don’t know where to turn, speaking with an experienced employment attorney can help clarify your rights.

If you’re dealing with bullying in the workplace in Texas, The Lange Firm offers compassionate and strategic legal support to help protect your job, your dignity, and your future.