Workplace bullying can make your job unbearable, but, unfortunately, not every instance of bullying is illegal. What legal protections do you have when you’re a victim of bullying? Are there federal or state laws you can turn to? TELG’s Nicholas Woodfield and Mary Anne Callahan explain when workplace bullying crosses the line into unlawful harassment or discrimination, using a real disability harassment case to illustrate how courts evaluate these claims.
This article by
TELG principal & general counsel Nicholas Woodfield and TELG associate Mary Anne Callahan was published by The Employment Law Group, P.C. on September 10, 2026.
Workplace Bullying: Harassment Without a Protected Class
By Nicholas Woodfield and Mary Anne Callahan
IMPORTANT: The following article is intended as a general summary of facts and law and not as individual legal advice upon which you should rely or act. Every case is unique and specific. This article represents our firm’s best knowledge as of September 2026.
This article is an updated version of an article previously published in August 2014.
People spend nearly 30% of their adult life at work. Being subjected to repeated insults, intimidation, humiliation, or other abusive behavior in the workplace can damage your health, career, and financial security.
But despite the serious impact of workplace bullying, there is no federal law — or even state law — that specifically prohibits it. Numerous bills have been drafted in state legislatures to address the problem, but nothing has yet made it through the legislative gauntlet to become law.
That doesn’t mean you entirely lack legal protection, however. Employees with legally protected characteristics, such as race or gender, may be protected under traditional laws against harassment and discrimination.
Workplace Protections Based on Protected Characteristics
Legal protections against harassment or discrimination are based on a person’s membership in a protected category. These categories are generally limited to innate characteristics, such as race, gender, national origin, disability, age, or religion.
There are federal laws that prohibit discrimination — such as Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA) — but there are also state laws that can provide protections for characteristics not covered at the federal level. D.C., for example, recognizes political affiliation as a protected characteristic.
Whether workplace bullying violates a law often depends on why you are being targeted. If it’s motivated by your protected characteristic, bullying can be considered illegal discrimination or harassment.
A Case Example of Workplace Bullying
Consider the case of Aarin Moss, a Virginia restaurant worker, who complained that his co-worker bullied him because of his disabilities.[1] Moss had several physical and mental disabilities, including a learning disability and a severe lung disease that ultimately required a double-lung transplant. He needed to take periodic breaks during the workday and was sometimes unable to perform certain tasks due to his pain.
According to court records, a co-worker repeatedly mocked Moss because of his disabilities. Moss testified that the co-worker told him to “get [his] lazy ass up,” accused him of “using [his] disability as an excuse,” insisted that he “needed to start picking up slack,” and called him “a weak little b*tch.” The co-worker also complained about the number of breaks Moss took and accused him of faking his condition. The co-worker’s behavior escalated to include violent threats.
Moss filed a lawsuit under federal and Virginia law, claiming that he was harassed because of his disabilities. To prove harassment under the ADA, Moss had to show that:
- He was a qualified individual with a disability;
- He was subjected to unwelcome behavior;
- The harassment was based on his disability;
- The harassment was severe or pervasive; and
- There was some basis for assigning liability to the employer.
Proving Workplace Harassment Under the ADA
1. Employee Was a Qualified Individual With a Disability
To qualify under the ADA, you typically must have a physical or mental impairment that substantially limits one or more major life activities, and you must be able to perform the essential duties of your job (with or without a reasonable accommodation).
There is some case-by-case nuance, and the ADA can also protect people who have a history of an impairment (such as cancer that’s in remission) or people who are perceived as having an impairment. Some examples of disabilities can be found here.
2. Employee Was Subjected to Unwelcome Behavior
This is usually an easy element to meet. In Moss’s case, he complained to the manager multiple times and had his mother call the corporate complaint line after a confrontation in which his co-worker allegedly threatened to fight him in the parking lot. These actions are a clear indicator that Moss felt his workplace environment was hostile.
3. The Harassment Was Based on the Employee’s Protected Class
Here, the harassment directly related to Moss’s disability. The comments implied that Moss was “faking” his disability, “using his disability as an excuse,” or otherwise being “lazy.” As such, the court found that a jury could believe that he was harassed because of his disability.
4. The Harassment was Severe or Pervasive
This is the most difficult standard to meet. When determining if harassment was severe or pervasive, courts consider:
- The frequency and severity of the discriminatory actions;
- Whether it is physically threatening or a merely offensive verbal statement;
- Whether it unreasonably interferes with an employee’s work performance;[2] and
- Ultimately, whether the conduct is so extreme that it amounts to “a change in the terms and conditions of employment.”[3]
The court in Moss’s case concluded that the harassment could be seen as pervasive because he was subjected to demeaning conduct during five of the six shifts he worked in the span of a few weeks.
A reasonable jury could also conclude that the conduct was severe. His coworker frequently swore at him, disparaged his disability, and even threatened him with sexual and physical violence.
5. Some Basis Exists for Assigning Liability to the Employer
Employer liability depends in part on who committed the harassment and how the company responded.
If a supervisor’s harassment leads to a tangible job action — such as a termination, demotion, or loss of pay — the employer may be directly responsible.[4] If there is no tangible job action, the employer may avoid liability if it can show that it took reasonable steps to prevent and correct harassment and that the employee unreasonably failed to use those protections.[5]
When the harasser is a co-worker rather than a supervisor, the employer is generally liable only if it knew or should have known about the harassment and failed to take prompt, appropriate action.[6] In Moss’s case, he was eventually terminated by his employer after complaining about his co-worker’s harassment.
The court decided that Moss could move forward with his claims of ADA disability harassment, discrimination and retaliation.
What to Do If You’re Being Bullied at Work
It’s important to immediately report workplace bullying using your employer’s complaint procedures — even if you doubt whether the company will do anything about it. If you don’t report the harassment, your employer may attempt to argue that it was never given an opportunity to investigate or correct the problem.
Also, keep records of the incidents of harassment. Note what was said or done as well as the date, time, and location of the events.
If you meet the requirements listed in the previous section, you may be able to pursue a discrimination case. The Employment Law Group has experience representing victims of workplace bullying, bias, and harassment. Contact our firm to explore your options.
FREQUENTLY ASKED QUESTIONS
Q: Are there any U.S. states where workplace bullying is illegal?
No state currently recognizes a standalone legal claim for workplace bullying. However, some jurisdictions have expanded protections for employees who experience workplace harassment.
Washington, D.C., for example, no longer requires employees to prove that harassment was “severe or pervasive.” Instead, courts consider the totality of the circumstances. California has also eased the traditional “severe and pervasive” standard in some situations, recognizing that even a single incident of harassing conduct may be enough if it unreasonably interferes with an employee’s work performance or creates a hostile work environment.
Puerto Rico, a U.S. territory, is a notable exception. Puerto Rico has enacted a law that specifically forbids workplace bullying. The law covers repeated abusive conduct that creates an intimidating, hostile, humiliating, or offensive work environment.
Q: I think I’m being bullied at work, but I’m not sure whether it’s illegal discrimination. How can I tell?
Look for circumstantial evidence that the bullying is motivated by your protected class. Has this person applied harmful stereotypes or made false assumptions about you based on your protected class? Have they treated others in the same protected class similarly? Do they show favoritism towards others outside your protected class?
Employers rarely admit discriminatory motives, so most discrimination claims do not rely on direct evidence and are instead proven through this kind of circumstantial evidence.
Q: Should I report this behavior to Human Resources (HR) or a manager?
Reporting workplace bullying to HR or a manager can lead to several outcomes. HR may investigate your complaint, although some employers ignore these concerns.
If your report isn’t investigated, you may want to pursue legal claims instead. In that case, filing an internal complaint with your employer can help give you leverage. Referencing a protected class or discrimination in your complaint may support a retaliation claim if the harassment intensifies or you are subsequently disciplined or fired.
Q: I don’t think I can endure being bullied in my workplace any longer. What will happen if I resign?
Wanting to leave a toxic work environment is understandable, especially if you have other job opportunities elsewhere. However, if you’re interested in pursuing legal claims, resigning will likely weaken your case and legal leverage to seek severance.
The legal standard can be high — although not impossible to meet — if you resign rather than wait to be terminated. A termination can be a clear discriminatory action to point to. A resignation means that you must show that the working conditions were so intolerable that a reasonable person could not have been expected to stay.
If you’re thinking about resigning, speak with an attorney before doing so.
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[1] Moss v. Saja Rest. Group, LLC, 670 F. Supp. 3d 349, 2023 WL 3034605 (W.D. Va. 2023)
[2] Harris v. Forklift Sys., Inc., 510 U.S. 17, 23, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993).
[3] McIver v. Bridgestone Americas, Inc., 42 F.4th 398, 408 (4th Cir. 2022) (quoting Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998)).
[4] Vance v. Ball State Univ., 570 U.S. 421, 424 (2013) ((quoting Faragher, 524 U.S. at 807)
[5] Id.
[6] Id. at 449.
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Nicholas Woodfield is a principal and general counsel at The Employment Law Group, P.C.; Mary Anne Callahan is an associate at the firm.
