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.
Work Place Bullying
Every workplace that has a large number of long-term employees experiences the development of a culture. New hires are 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 the bullying culture in certain workplaces because even the top managers are aware of it because they have experienced it firsthand and embrace it as a type of "staff bonding experience" or "welcoming of new members into the 'family'". Therefore, 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
when one feels sexually harassed in their place of work by other employees or is experiencing sexual harassment conduct, they have a right to seek legal help by themselves or using a reputable law firm such as Big Ben Lawyers. Under California law, sexual harassment victims have a right to institute sexual harassment claims. The sexual harassment victims shall narrate to their Fresno sexual harassment lawyers about the conduct that they think constitutes sexual harassment conduct. In most cases, they shall explain the instances in which they were asked for sexual favors at their place of work.
Research has shown that there could be more sexual harassment cases that were left unreported and it is, therefore, necessary to contact your Fresno sexual harassment lawyer as soon as possible so that the legal process surrounding the same can be started. 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.
Bullying in school is the most prevalent type, particularly in public schools. According to statistics on school bullying, California public schools receive the most reports of bullying, with one in four high school students reporting incidents of bullying while on school grounds.
One would anticipate that the states will implement laws and regulations to protect children and pupils from bullying. All public schools and school officials should be held accountable in a school bullying lawsuit if a student was bullied on school property while those responsible for the children's safety did nothing. This is expected to maintain compliance with the anti-bullying law. In cases when school administrators were aware that particular pupils were being bullied but chose to do nothing, one might also anticipate a harsher punishment.
Administrators at schools are required to take the lead in handling and resolving any accusations of bullying. The school district must also remain vigilant, keep an eye out for any allegations of bullying, and make sure that those who bully others are held fully accountable. School districts can make the appropriate suggestions to stop bullying in the particular school district that is being affected since they have a comprehensive picture of the patterns in bullying allegations. The victims of school bullying should hold the school districts accountable when they fall short in this crucial function. The school personnel has a crucial role to play in eradicating bullying in schools because they are closest to the students.
Bullying doesn't just happen to high school students. Anyone who attends a school or is otherwise a school-aged child ought to go to school and obtain 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.
Through online messaging services like Twitter, Instagram, and others, cyberbullying occurs in cyberspace. Any setting, including at home, at work, or on school property, might experience cyberbullying.
Cyberbullying must also be supported by evidence from other factors. The first prerequisite is that the bullying took place online. Other circumstances include sending, disseminating, and publishing harmful and inaccurate content about a victim (someone).
The law that 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, which 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 of bullying worse. Bullies who harass their victims while filming or live-streaming the incident will therefore 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 California Fair Employment Act (FEHA), Title VII of the Civil Rights Act of 1964, and the Americans with Disabilities Act are the statutes that define these behaviors (ADA). As you may have already deduced from the names of these specific acts, the words "fair employment" in the FEHA and "disabilities" in the ADA imply that these laws are intended to protect just certain types of persons who can be subjected to job discrimination, and not 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," and as was already mentioned, FEHA only covers specific groups of individuals.
Bullying and harassment are intertwined, and 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, including 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 through pushes, pulls, and other forms of threatening and unwanted physical contact.
By putting the bully's behavior toward the victim through several tests, including the length of time the bullying behavior was committed, the precise nature of the bullying behavior, the context of the bullying behavior, and whether the behavior was demeaning, embarrassing, and embarrassing against the victim being bullied, the courts typically make a distinction between bullying and a hostile work environment.
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. 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, it is necessary to determine if Maria is a member of a protected class that the law places special emphasis on defending. 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 among other things. 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.
Types of Cycling Accident Injuries That May Entitle One to Damages
The person riding the bicycle is likely to suffer the most injuries because a car is much larger than a bicycle. The list of potential injuries is described below. Lacerations are under the first type and might take the form of little cuts or large, surgically necessary wounds. In the second category of incidents, there are spinal injuries that could result in paralysis, chronic pain, shattered bones, and other disorders. Furthermore, these traumas include brain damage. These mishaps can also lead to broken bones, which can harm the bones. These injuries also include sprains and strains of the muscles. Finally, emotional trauma can result from bicycle accidents. All of these wounds have the potential to alter your life, therefore you should seek quick medical attention.
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Can I bring a lawsuit against an alleged bully?
Bullying is not technically prohibited for adults in Fresno, as was previously discussed. If your child is being bullied, laws are in place and will intervene. However, there are several demographics that the law deems to be more at risk due to their race, religion, age, gender, marital status, etc. Only these classes of persons are protected by the law; everyone else is left unprotected. It becomes challenging to decide whether the victim of workplace bullying has a legal claim against the bullies; if not, then identify any other options to end the bullying and perhaps prevent further bullying.
This is where a skilled bullying attorney who has years of experience resolving allegations of workplace bullying and harassment may help. This form of bullying attorney should be able to hear the victim's account and assess whether the bully's actions constitute unlawful bullying from which the victim is intended to be protected by the law. If not, the bullying attorney will look into whether there is another way to address the issue.
Some bullying and harassment situations, including when the bully repeatedly harasses the victim at work, result in the victim being forced to work in an unfriendly atmosphere, and are illegal under employment law. Such persistent behavior is prohibited by California employment law. As previously stated, it is up to a knowledgeable bullying lawyer to decide whether the bully's actions constitute hostile workplace behavior. If so, the lawyer ensures that the victim of bullying has access to the protections offered by employment law.
The law does not always provide victims with protection, though. As a result, the victim's attorney can assess whether the employer's human resources division can appropriately handle the bullying occurrences.
But occasionally, just being called to the HR department and finding the victim, the employer, and the victim's lawyer is enough to make the bully start to worry. Sometimes what is required is for the employer to understand that it is in his or her best interest to cease bullying at work or risk being labeled as the employer who tolerates bullying, which is detrimental to the company's reputation.
Bullying victims always worry that they will be hit, yelled at, or subjected to other forms of abuse at any moment. At work, it becomes much more difficult to focus. Additionally, it destroys collaboration or exploits whatever hidden talents the victim may possess because, over time, they develop depression, low self-esteem, timidity, and a lack of initiative. All of these reduce productivity at work. There are times when employers need to be reminded of this. Despite having been reminded, the employer might still decide to "let the victim go" and hire someone new who has less baggage. This would be the simplest course of action. This, however, would be a mistake. It can work in the victim's favor if a worker who has been the target of bullying gets fired as a result of filing a complaint. Why? Because such a type of termination of employment is known as "wrongful termination," it occurs when an individual is fired as a result of being bullied at work. The boss did nothing more than offer the victim a sledgehammer and told them to pound the employer's head. An employee who has been wrongfully terminated is entitled to compensation, including back pay for overtime worked and underpaid wages, among other things.
You might be included in a group of people shielded by anti-bullying regulations
Anti-bullying legislation in California only helps some types of people, as we've stated above. However, if you have experienced bullying, you might fit in one of these groups. The list of protected classes includes a variety of categories in addition to race, religion, and national origin. There are some lesser-known organizations to which the victim may belong. These categories include sexual orientation, gender identity, genetic information, ancestry, race, military service, or veteran status, as well as a few others.
Any of these reasons could have led to the bullying of a victim. Therefore, it is up to an experienced bullying lawyer to hear your account and evaluate whether the victim was singled out because of any of these things.
Fortunately, Big Ben Lawyers has decades of experience dealing with bullying in general and at the workplace. We support victims of school bullying in bringing a civil case against their bullies. Give our law office a call for a free consultation if you've ever been bullied or if your child is being bullied.
FAQ on Bullying
What does school bullying entail?
Bullying involves regularly subjecting a victim to violent behavior over time. 1 It's crucial to always be mindful of children's taunting and respect their hurt sentiments. When hostile or hurtful behavior appears to be unintentional, repetitive, and unprovoked toward a person or group, it is considered bullying.
Bullying is a violent act. It involves an actual or perceived power disparity, where the stronger child or group attacks the weaker ones. Bullying can be done physically (pushing, kicking, spitting, and mocking) or verbally (threatening, calling names, and malicious teasing) (spreading rumors, manipulating social relationships, extorting, or intimidating). Bullying can happen in person as well as online.
Bullying is also described as one or more actions that a student or group of students engage in that constitute sexual harassment, hate violence, severe or widespread intentional harassment, threats, or intimidation and that are disruptive, cause disorder, violate other people's rights, or create a hostile or intimidating learning environment. This includes deeds committed directly or indirectly through the use of an electronic act.
Using an electronic device, such as a phone, wireless phone, or another wireless transmission device, computer, or pager, to transmit a communication, ranging from but not limited to a message, text, sound, or image is referred to as an electronic act.
How do bullies behave?
Bullying behaviors can be overt or covert.
The following are examples of overt bullying behavior:
- Hitting, tripping, shoving, pinching, and excessive tickling
- Threats, slurs, insults, and name-calling in speech
- Demanding payment for goods or services; stab wounds, chokes, burns, or shoots;
- Indirect bullying, which might include one or more of the following, may be harder to spot.
Blackmailing, terrorizing, or issuing perilous dares; creating a Web site dedicated to taunting, ranking, or degrading the targets; rejecting, excluding, or isolating the targets; humiliating the target(s) in front of friends; manipulating friends and relationships; sending hurtful or threatening e-mail or writing notes;
Does bullying occur in both males and Females?
Yes. Boys typically bully more overtly and violently, whereas girls bully more subtly. Bullies occasionally employ both overt and covert tactics. In the end, the bully values having the ability to select strategies that result in the greatest degree of success.
Some kids might be both a target and a bully at the same time, even though bullying among youths involves both bullies and targets of bullying. School districts are required to recognize bullying, create anti-bullying rules, and specify the repercussions for kids who bully at school. Bullying is terrible, and everyone at the school-including parents-must realize this and accept responsibility for seeing and putting an end to it when it occurs.
What are the effects of bullying in school?
Bullying among kids frequently results in more severe and protracted violence. Bullying harms kids' capacity to study and perform academically in addition to harming the targets.
Repercussions for the target
Negative feelings are experienced by students who are the focus of bullying. Persecution sentiments outweigh thoughts of security and confidence. Fear, rage, frustration, and anxiety can result in a variety of problems, including mood swings, withdrawal from friends and family, difficulty focusing, and a decline in interest in school. In the worst circumstances, the targeted student may become suicidal or engage in violent retaliation or attendance and/or discipline issues, failing out of school completely.
Repercussions for the bully
Without assistance or intervention, bullies will persist in their behavior and may resort to other forms of antisocial behavior and criminal activity. Bullies who develop hostility toward others gain control and may find it difficult to change the habit, even though certain bullies are less likely to be trusted and may be perceived as cruel and manipulative. Bullying can lead to student suspension or expulsion, as well as child maltreatment and domestic violence as adults. According to research, compared to 23% of boys who did not bully, 60% of guys who bully in grades six through nine are convicted of at least one felony as adults.
Repercussions for bystanders
Students who witness bullying may begin to think that it is okay and that school authorities are helpless to stop it because they either don't care enough about it or don't have the authority to do so. Some kids might side with the bully, while others who have characteristics in common with the target might worry that they will be the next one. According to research, those who witness bullying experience a loss of security, which might hinder learning.
Enabling bullying to go on
Just as bullying begins and persists in families, it infects a school as well. In essence, adults who ignore bullying are enabling it to continue. Adults who socially isolate or humiliate a student in front of others may believe they are encouraging or disciplining the kid while, in reality, the student being embarrassed is being bullied, just as a student may harass another student while thinking they are motivating him or her. Adults are also complicit in bullying when they: Applaud the treatment of younger children; Permit the use of pejorative names or labels for particular student groups.
• Ignore blatant acts of cruelty, sexual harassment, discrimination, or "hazing" in student organizations or athletic programs.
A school could lose its academic purpose, lose students, or become the target of legal action in addition to the risk of developing a reputation for being hazardous or dangerous.
Contact Big Ben Lawyers about your Fresno Bicycle Accident
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Some people are fortunate enough to never face a situation where they have to think about hiring a lawyer. While lawyers can provide invaluable services to people in challenging situations, …