Kara Sears
Virginia has anti-bullying laws in place that apply to schools and colleges, but it is unclear whether these laws extend to workplace bullying. The Virginia Human Rights Act and Title VII of the Civil Rights Act of 1964 protect employees from harassment and discrimination based on protected characteristics, and employees can file complaints and seek legal action if they experience workplace bullying. However, non-sexual harassing behavior not based on protected characteristics may be legal. Virginia Western Community College has a strict policy against harassment and bullying, and employees are protected from retaliation if they make complaints. While there is a definition of bullying and a prohibition of abusive work environments in the Code of Virginia, it specifically mentions school board employees, leaving the question of whether Virginia has comprehensive workplace anti-bullying laws unanswered.
| Characteristics | Values |
|---|---|
| Definition of bullying | Aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim |
| Scope of laws | Includes cyberbullying; does not cover off-campus conduct |
| School requirements | School districts must include policies and procedures that prohibit bullying; character education programs addressing bullying; training for school personnel on anti-bullying tactics |
| Notification requirements | Principals must notify parents of any student involved in an alleged bullying incident within five school days |
| Protected characteristics | Race, color, religion, national origin, sex, gender identity, sexual orientation, pregnancy, childbirth, age, disability, veteran status, etc. |
| Legal remedies | Filing a lawsuit against the bully and employer, seeking workers' compensation, punitive damages, injunctive relief, compensatory damages, and attorney's fees |
| Reporting procedures | Complaints can be filed with the Associate Vice President of Human Resources, college president, vice presidents, supervisors, or designated individuals |
| Anti-retaliation measures | Employees and third parties who make complaints or provide information are protected against retaliation |
| Training requirements | New employees must complete official training for Civility in the Workplace within 60 days of hire |
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What You'll Learn
Virginia's definition of bullying
Virginia anti-bullying laws and regulations include a definition of bullying that applies to both schools and the workplace.
The Code of Virginia defines bullying as:
> any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim; involves a real or perceived power imbalance between the aggressor or aggressors and victim; and is repeated over time or causes severe emotional trauma.
This definition includes cyberbullying, which is defined as bullying that occurs through the use of technology, such as cell phones, electronic devices, or the internet. It is worth noting that ordinary teasing, horseplay, arguments, or peer conflicts are not considered bullying under Virginia law.
In the context of schools, bullying among children is commonly understood as intentional, repeated harmful acts, words, or other behaviors such as name-calling, threatening, or shunning committed by one or more children against another. These negative acts are not intentionally provoked by the victims, and there is an imbalance in real or perceived power between the bully and the victim.
Virginia laws require school districts and school boards to establish character education programs that include content addressing the inappropriateness of bullying. School boards are also required to include rules against bullying in their Codes of Student Conduct and to implement policies and procedures to educate employees about bullying and create a bully-free environment.
In the workplace, bullying is addressed in the Code of Virginia under "Bullying and Abusive Work Environments Prohibited." While bullying alone may not be grounds for legal action, it can cross the line into harassment if it is based on a protected characteristic. In such cases, victims may have the option to file a lawsuit against the bully and the employer.
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Workplace harassment
Workplace bullying and harassment are distinct but related concepts under Virginia law. Bullying is defined as "aggressive and unwanted behaviour that is intended to harm, intimidate, or humiliate the victim". It involves a power imbalance between the aggressor and the victim and is repeated over time or causes severe emotional trauma. Harassment, on the other hand, refers to conduct based on protected characteristics such as race, religion, sex, national origin, age, disability, etc. It includes offensive jokes, slurs, physical assault, intimidation, insults, and interference with work performance.
Virginia's anti-bullying laws and policies aim to prevent bullying in schools and educational institutions. The laws require school districts to establish character education programs, implement anti-bullying policies, and provide training for school personnel to address bullying effectively. However, these laws do not cover off-campus conduct or require districts to provide mental health support for students involved in bullying.
In the workplace, Virginia laws prohibit bullying and abusive work environments. While bullying alone may not be illegal, it can cross the line into harassment if it is based on protected characteristics. The Virginia Human Rights Act and Title VII of the Civil Rights Act of 1964 protect employees from harassment and discrimination based on these characteristics. Employees who experience workplace harassment or discrimination have legal options, including filing a lawsuit against the harasser and the employer. They can seek workers' compensation or claim damages for medical expenses and emotional distress resulting from the harassment.
To address workplace bullying and harassment, Virginia Western Community College has implemented a Civility in the Workplace policy. This policy extends to employees, contract workers, customers, clients, students, volunteers, and any other third parties. It prohibits harassment and bullying, including sexual harassment, and provides mechanisms for reporting and resolving complaints. The college also offers training on civility in the workplace for new employees and contract workers.
If you are experiencing workplace bullying or harassment in Virginia, you can seek legal assistance from employment lawyers who can help you understand your rights and legal options. You may also have access to internal complaint procedures within your organisation to address these issues.
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Toxic work environments
While Virginia anti-bullying laws and regulations exist, they are limited to school settings. Virginia schools that receive federal funding are required by federal law to address discrimination based on certain personal characteristics. Virginia anti-bullying laws also require districts to establish character education programs that include content addressing the inappropriateness of bullying.
Bullying and workplace harassment may appear like identical transgressions, but they are handled differently under the law. If the behavior is non-sexual in nature or not based on a protected characteristic, it may be legal under the law. However, if it is based on a protected characteristic, you may be dealing with a toxic work environment. According to the EEOC, toxic behavior is "severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive."
A toxic work environment is one where negative behaviors such as manipulation, bullying, yelling, etc., are intrinsic to the organization's culture. This results in a lack of productivity, a lack of trust, high-stress levels, infighting, and discrimination. It is an environment that makes employees feel "psychologically unsafe."
- Lack of trust between colleagues and management
- Inconsistent, biased, and confusing communication
- Lack of open communication and diverse perspectives
- Self-preservation behaviors among leaders and employees
- Scarcity of growth opportunities
- Transactional, rather than collaborative relationships
- Lack of transparency during interviews
- Unrealistic expectations from supervisors
- Bullying and aggression
- Unfair advantages for some employees
- Harassment
- Incivility
- Interpersonal deviance
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Legal remedies for victims
While bullying tactics alone are not grounds for legal action in Virginia, they may cross the line into harassment, which is treated differently under the law. If the bullying behaviour is non-sexual and not based on a protected characteristic, it may be legal. Protected characteristics include race, colour, national origin, religion, sex, age, disability, pregnancy, genetic information, or citizenship status.
If the bullying is based on a protected characteristic, victims may be dealing with a toxic work environment and may have the legal option to seek damages in the form of a harassment lawsuit. To do so, victims must first document any experience of bullying and gather evidence. This may include keeping copies of correspondence between the victim and the bully. Victims should file a complaint with their company's Human Resources department, and if the issue is not addressed, they may file a complaint with the Equal Employment Opportunity Commission. Victims may also be qualified to file a lawsuit against the bully and other relevant parties. However, victims have the burden of proof to prove these allegations are true.
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Virginia's anti-bullying laws in schools
Virginia anti-bullying laws and regulations define "bullying" as:
> Any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim; involves a real or perceived power imbalance between the aggressor or aggressors and victim; and is repeated over time or causes severe emotional trauma. "Bullying" includes cyberbullying. "Bullying" does not include ordinary teasing, horseplay, argument, or peer conflict.
Virginia school districts must include policies and procedures that prohibit bullying in district codes of student conduct. School district policies must be consistent with the standards for school board policies on bullying. Virginia anti-bullying laws require districts to establish character education programs that include content addressing the inappropriateness of bullying.
Virginia anti-bullying laws direct the Virginia Center for School and Campus Safety to provide training for Virginia public school personnel in school safety and evidence-based anti-bullying tactics based on the definition of bullying in state law. This also includes training in the effective identification of students who may be at risk for violent behavior and are in need of special services or assistance.
Virginia anti-bullying laws direct the principal of each school to notify the parent of any student involved in an alleged incident of bullying of the status of any investigation within five school days of the allegation of bullying.
Virginia law requires local school boards to develop a program of hazing prevention instruction for students in grades 9 or 10. Hazing means to recklessly or intentionally endanger the health or safety of a student or to inflict bodily injury on a student in connection with admission into a group.
Schools across Virginia have implemented bullying reporting procedures where students can submit a bullying report form.
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Frequently asked questions
Yes, Virginia has anti-bullying laws in place that apply to schools. These laws require districts to establish character education programs that include content addressing the inappropriateness of bullying.
Bullying is defined as any aggressive and unwanted behavior that intends to harm, intimidate, or humiliate the victim. It involves a power imbalance between the aggressor and the victim and is repeated over time or causes severe emotional trauma.
If you are experiencing bullying at work, you can seek legal advice from employment lawyers who can help determine your best course of action. You may also be able to file a lawsuit against the bully and relevant parties.
Employees who make complaints of bullying or provide information related to such complaints are protected against retaliation. If retaliation occurs, employees should report it through the internal complaint procedure.
