Bullying Lawyer - Fresno CA

Fresno Bullying Lawyer: Protection from all forms of harassment

Individuals who have been the targets of bullying may tell firsthand how degrading and humanizing it is. When bullying is brought up, memories of high school bullying incidents and tragedies immediately come to mind. But one would assume that bullying would stop once a child reaches adolescence. That isn't always the case, though. Bullying continues because bullies also mature and join their victims at work.

If you or a loved one is or was a victim of bullying, our team at Big Ben Lawyers has skilled bullying attorneys who can fight for you.

Every victim of workplace bullying wonders and hopes that the law will protect them if their employer did not. A disappointment would result if the law couldn't. This is especially true if the employee reports occurrences of workplace bullying to superiors only to see an increase in bullying as payback.

For the avoidance of doubt, Big Ben Lawyers does not only deal with workplace bullying. We also deal with allegations of school bullying, which are frequent in high schools. To guarantee that bullies receive the appropriate punishment, anti-bullying legislation has been placed in place.

What is Bullying and what does it entail?

It's a prevalent misconception that bullying is when someone is treated unfairly in some way. However, not all behavior that we perceive as bullying truly complies with the anti-bullying law's definition of "bullying conduct." There are a few things to take into account when figuring out whether a certain action qualifies as bullying under the anti-bullying regulations.

These elements include the use of derogatory language and conduct, aggression, conduct that humiliates and embarrasses the victim, cyberbullying, the use of inappropriate jokes, the spreading of rumors, violent behavior, and other disparaging behavior that is directed at the bullied victim.

Workplace bullying. How workplace culture encourages bullying

Every workplace with a large number of long-term employees experiences the development of a specific culture. New hires are quickly exposed to this culture. This type of company culture decides whether or not bullying is encouraged. Some businesses, for instance, have "initiation" cultures. Do you mean like in the movies? Yes, the same. New employees may be coerced into performing humiliating and offensive tasks to advance in seniority. This is especially true if the victim of bullying has a low sense of self.

If the new hires are not made to endure this painful bullying ritual, they will not truly be regarded as "one of us". It can be challenging to eradicate a bullying culture in certain workplaces.

Top managers may be fully aware of the behavior. They often embrace this, framing it as a "staff bonding experience" or "welcoming of new members into the 'family'." Can a newbie take action to combat a bullying culture that everyone has previously experienced? Furthermore, isn't bullying of this nature prohibited in California?

Workplace bullying can entail the following:

• Workplace sexual harassment
• Unwelcome sexual advances
• Sexual jokes
• Verbal conduct
• Emotional distress
• Unwanted touching by a co-worker or client

Seeking legal help for sexual harassment

If you feel sexually harassed at work by other employees, or are experiencing sexual harassment conduct, you have a right to seek legal help. This can be done by yourself or through a reputable law firm such as Big Ben Lawyers. Under California law, sexual harassment victims have a right to institute sexual harassment claims. Victims must narrate the conduct they believe constitutes sexual harassment to their Fresno sexual harassment lawyers. In most cases, they shall explain the instances in which they were asked for sexual favors at their place of work.

Research shows many sexual harassment cases go unreported. It is necessary to contact your Fresno sexual harassment lawyer as soon as possible. Starting the legal process quickly is essential. Furthermore, sexual harassment attorneys shall help analyze and advise on the sexual nature of your claim.

By reporting sexual assault or other sexual harassment claims, you shall help prevent sexual harassment.

Student bullying

Bullying in school is the most prevalent type, particularly in public schools. California public schools receive the most reports of bullying, according to statistics. One in four high school students reports incidents of bullying while on school grounds.

States are expected to implement laws and regulations to protect children from bullying.

Public schools and officials should be held accountable in a school bullying lawsuit. This is true if a student was bullied on school property and those responsible for safety did nothing. Administrators who knowingly ignore bullying may face harsher punishment.

Fresno bullying lawyer on school accountability

Administrators at schools are required to take the lead in handling and resolving any accusations of bullying. The school district must remain vigilant and monitor all allegations of bullying. Ensure that those who bully others are held fully accountable. Having a comprehensive picture of bullying allegations allows districts to make appropriate suggestions to stop the behavior.

Victims of school bullying should hold districts accountable when they fall short in this crucial function. School personnel play a crucial role in eradicating bullying since they are closest to the students.

Bullying doesn't just happen to high school students. Any school-aged child deserves an education without having to deal with bullies. This includes students in middle school, those on school buses, and any other students.

Even as years went by, numerous anti-bullying policies have been implemented

One such rule against school bullying that was implemented in 2012 is Seth's law. His sexual choice served as the basis for his bullying. Seth Walsh is one instance of a victim of bullying. Walsh's public school was charged with failing to take preventative action against bullying in schools.

Because of this, the Big Ben Law was created, which imposes strict requirements on public schools to put in place protective measures for students who might be the targets of bullying at school because of their actual or assumed: sexual preference, gender expression, affiliation with a particular religion, ethnicity, race, or national origin.

According to Seth's Law, claims of bullying must be thoroughly investigated by public schools, school officials, and school authorities, and those found guilty must be punished as appropriate by being suspended or facing criminal charges.

You can get in touch with us at Big Ben Lawyers to speak with a top-notch school bullying attorney for a free consultation if you need one. The school officials who have neglected their duties can then be dealt with immediately and held responsible.

Cyber-bullying: Legal action against online harassment in Fresno

Cyberbullying occurs in cyberspace, often through online messaging services like Twitter, Instagram, and others. Any setting might experience cyberbullying, including at home, at work, or on school property.

Cyberbullying claims must be supported by evidence. The first prerequisite is that the bullying took place online. Other circumstances include sending, disseminating, or publishing harmful and inaccurate content about the victim.

The law you ought to be aware of is Jordan's Law. The main idea of this rule is that it makes documenting and recording bullying an offense. This results in harsher prison terms for the bully. This is true when the purpose of documenting a violent incident of bullying is to make the act worse. Therefore, bullies who harass their victims while filming or live-streaming the incident will receive longer prison terms.

This regulation was enacted as a result of multiple violent bullying films that were posted online.

Does Fresno have any anti-bullying legislation?

Yes, and no are the answers to this. Depending on the bullied individual. Only certain classes of individuals are protected by the law; everyone else is not. Therefore, victims who depend on the law to protect them are misguided unless they fall under the category of those who are protected by it.

Throughout Fresno, bullying is not specifically covered by any laws. Instead, a few clauses in some statutes address bullying or behavior that might be construed as bullying. "Workplace harassment" or "workplace discrimination" are examples of this type of behavior. The statutes that define these behaviors are the California Fair Employment Act (FEHA).

Other key statutes are Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). As you may have already deduced from the names of these specific acts, they imply a limited scope of protection.

The words "fair employment" in the FEHA and "disabilities" in the ADA show these laws protect only certain persons. These individuals can be subjected to job discrimination, but the laws do not cover everyone. Therefore, the two acts' provisions against harassment and discrimination only apply to the aforementioned protected classes of people.

But who are these specific categories of people that the law protects from bullying and not the general public? Well, this protection is based on a person's ethnicity, nation, religious affiliation, disabilities, or sexual orientation, among other qualities.

In Fresno, what is the punishment for the offense of bullying?

Cyberbullying is considered a minor violation. Bullying offenses are punishable by up to a year in jail or a fine of up to $1,000, depending on the severity of the offense.

Although this sentence can seem simple, think about what an ex-con goes through. It doesn't matter what kind of crime you did, your circumstances, or any other justifications you may have after you're an ex-convict. The majority of job possibilities automatically exclude applicants with criminal records, especially because employers hunt for excuses to reject candidates.

Bullying ex-offenders are seen by employers as a potential disaster that could generate issues with the human resources division. A criminal record will hinder your ability to further your education and advance your career as a student. Job security will be difficult to attain.

Are all victims of bullying in Fresno protected by anti-bullying laws?

The rules in Fresno don't impose a lot of requirements on an employer to stop bullying at work. The only law in Fresno that has any chance of safeguarding the remaining workers and employees who do not belong to any of the aforementioned privileged groups is one passed in 2014 by the name of AB 2053.

Can we now, however, assert that the rest of us are also shielded from bullies? NO! Sorry, but no, I'm afraid not. AB 2053 only mandates that companies with more than 50 employees train their supervisory staff on sexual harassment for two hours every two years. That's it.

When your child is subjected to bullying at school, the law will intervene without hesitation.

Is inciting hostility at work considered bullying as well?

No. According to FEHA law, "creating a hostile work environment" is essentially another word for "bullying". As was already mentioned, FEHA only covers specific groups of individuals.

Bullying and harassment are intertwined. The victim may find themselves working in a hostile atmosphere if the harassment persists. A victim of harassment may be subjected to verbal, visual, and physical abuse (touch). For instance, visual harassment against the victim includes showing an offensive cartoon representation of the victim.

When the victim is verbally insulted, the harassment takes the form of verbal abuse. This includes threats to the ears (auditory). Sexual harassment is a form of harassment that might be sexual. On our website, we've talked about sexual harassment in more detail. The victim may also be subjected to physical harassment. This includes pushes, pulls, and other forms of threatening and unwanted physical contact.

Harassment types and the legal distinction

Courts typically make a distinction between bullying and a hostile work environment. They do this by putting the bully's behavior toward the victim through several tests. These tests include the length of time the bullying behavior was committed.

Other factors are the precise nature and context of the bullying behavior. Finally, courts evaluate whether the behavior was demeaning, embarrassing, and directed against the victim being bullied.

Case study: Determining protected class bullying

Let's use Maria as an illustration. Venezuelan immigrant Maria is 26 years old. She recently came to the US and is still having trouble speaking English. By calling her offensive names, her coworkers frequently tease her. For example, they frequently nickname Maria "Fatty" and make fun of her since she is a little "overweight" as well. She occasionally walks into the office just to have a bucket of water drop on her. Everyone who was watching for the trap to open then burst out laughing. Things of this nature have been occurring for a while.

So the question is, does this constitute bullying?

To respond to this query, we must determine if Maria is a member of a protected class. The law places special emphasis on defending this group. While her immigration from Venezuela is mentioned, there is no mention of any disabilities. There is a case to be made that Maria is being bullied because of her nationality.

The FEHA and Title VII of the Civil Rights Act, as was previously said, forbid bullying based on a person's country or origin. They also prohibit it for other reasons. Maria thus belongs to the group of persons that the legislation is intended to defend.

Legal action taken against workplace bullies

Bullying victims have two options for pursuing redress against bullies at work if it has been found that they belong to the group of persons the law aims to protect. The California Department of Fair Employment and Housing (often abbreviated as "DFEH") is a place where victims of bullying in the form of harassment can bring or file their separate complaints against bullies.

The victim may also take legal action by bringing a case in court against those who bully them at work. Victims can file lawsuits against anyone, not just bullies.

Additionally, they have the option of suing their employers if they let the victim be bullied directly in front of them. Should the victim want to sue the employer, the basis for the case would be that the victim was bullied by a supervisor while at work or that the victim reported incidences of bullying to the employer, but the company handled the matter carelessly.