Workplace Bullying: US

This Workplace Bullying policy sets clear expectations for respectful conduct and gives employees a straightforward way to report humiliating, intimidating, or work-disrupting behavior, whether it happens in person or online. No single US federal law generally requires a standalone anti-bullying policy, but many employers adopt one as a best practice because bullying can quickly overlap with legally protected issues like harassment, discrimination, retaliation, and workplace safety, and because a consistent reporting and investigation process helps you address problems early.

The History Behind Workplace Bullying Policies in the US

Workplace bullying policies grew as employers tried to manage harmful conduct that often fell into the gray space around Harassment & Discrimination. Federal law never created a standalone "anti-bullying" rule for private employers, so early enforcement usually ran through other lanes, mainly Title VII of the Civil Rights Act, the ADA, the ADEA, and state civil rights laws. Courts also drew a line between "rude" and "unlawful" when the conduct was not tied to a protected characteristic, and employers learned that waiting for behavior to become legally actionable was a troublesome policy.

Two legal developments pushed bullying policies from "nice to have" to standard practice. The U.S. Supreme Court's hostile work environment decisions (like Meritor Savings Bank v. Vinson and later Harris v. Forklift Systems) made clear that repeated intimidation and humiliation can become illegal harassment when it is severe or pervasive and connected to sex or another protected trait. At the same time, OSHA's General Duty Clause gave regulators a way to scrutinize threats and violence risks, and employers started treating bullying as a safety issue, especially in healthcare, hospitality, and other high-contact workplaces.

Some states went further with targeted rules that look a lot like anti-bullying in practice, even when they don't use that label. Many states expanded protections against retaliation, required harassment prevention training, and passed workplace violence prevention requirements for certain industries (California's healthcare rule is the one people cite most). Others, like Tennessee, made anti-bullying policies a requirement for employers that want to avoid being sued by an employee for emotional distress caused by another employee's abusive behavior. Combined, this has nudged HR teams toward clearer internal standards for conduct that poisons a workplace long before it turns into a lawsuit.

Which Law is a Workplace Bullying Policy Meant to Comply With?

There's no federal law that specifically requires a Workplace Bullying policy for US-based employees. We include this policy anyway because it is either (1) a common best practice that answers employee FAQs and sets clear expectations, or (2) a topic that is regulated in many states, so employers often use one company-wide policy that meets or exceeds the toughest state requirements.

How to Write a Workplace Bullying Policy

• Start with "why" and introduce the concept by stating your organization is committed to a respectful workplace and prohibits bullying.
• Define workplace bullying in plain language as humiliating or intimidating conduct that can interfere with someone doing their job, and distinguish it from ordinary disagreements.
• Explain that bullying can happen through in-person or electronic communications.
• List representative examples of humiliating or intimidating behavior to help employees recognize bullying.
• List representative examples of work-interference behavior to show how bullying can undermine job performance.
• Clarify that legitimate performance feedback and discipline are still allowed and are not bullying by themselves.
• Describe how employees should report suspected bullying and encourage reporting of witnessed or experienced conduct.
• Commit to taking reports seriously and investigating concerns.
• Prohibit retaliation for reporting bullying or participating in a bullying-related investigation.
• State that bullying and retaliation will result in discipline, up to and including termination.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

This is a "depends on your workplace" policy. Include it if you offer the benefit, operate in a setting where this comes up, have a state-specific rule that differs from your national approach, or you've had issues in this area before. If you already have a clear all-employee policy that covers the same ground, you may not need a separate policy here. 

Other Considerations

None.

Exceptions

None.