Key Takeaways:

  • Nevada does not currently have a specific anti-bullying law for workplaces, but employees may have legal remedies under hostile work environment, discrimination, or intentional infliction of emotional distress claims.
  • Behavior must usually be severe, pervasive, and tied to a protected characteristic (race, gender, religion, etc.) to be considered illegal.
  • Nevada courts may allow lawsuits based on extreme emotional distress even when bullying doesn’t meet federal discrimination standards.
  • Documentation is essential when facing bullying—maintain detailed records, including dates, witnesses, and effects.
  • Legal remedies may include workers' comp, unemployment benefits (if constructively discharged), or civil lawsuits.
  • Employers should adopt strong anti-bullying policies and provide effective training to reduce liability.
  • UpCounsel offers access to experienced employment law attorneys who can help victims of bullying explore their legal options.

Workplace Bullying Laws

Workplace bullying laws have been established in order to help reduce the number of incidents frequently occurring across the nation. It often consists of comments that belittle, teasing, name-calling, yelling, and sometimes even threatening with physical harm or some kind of discipline, and it often continues without efforts to stop it.

Oftentimes, if the bully is a manager, employees may be afraid to speak out against it. Those who do complain about it may be surprised that it may not be illegal.

Bullying can become severe enough that it affects the health of an employee, becomes a threat to their job or career, and may create a strain in relationships between friends and family.

When an employee is bullied, it is a highly focused effort to engage in a systematic campaign to interpersonally destroy the employee. It has no value as far as the work is concerned. It is based on the bully’s own agenda and usually prevents the necessary work from being accomplished. While bullying starts from one person, he or she will usually get others to help, which makes that individual feel even more isolated.

Bullying another employee is one of many forms where an abusive relationship can trap a person with a good heart into a trap that results in a cycle of emotional devastation.

Am I Being Bullied?

Employees who are being bullied often experience harassment that leaves them feeling miserable and isolated. Common signs include sabotage of work, interference with tasks, or even theft of their work. Over one-third of the workforce reports experiencing some form of bullying. As society grows more aware of bullying in schools, many adults have begun to recognize similar patterns in the workplace. However, distinguishing bullying from simple rudeness or incivility can be difficult.

How Is Bullying Different from Harassment?

Bullying and harassment often look similar, but there is a legal distinction. Harassment is typically defined as ongoing, unwanted behavior—such as threats or coercion—that creates a hostile environment. Legally, harassment only becomes actionable when it targets someone based on a protected characteristic, such as race, gender, religion, or disability. In the United States, seven groups are protected under federal law, while Canada recognizes eleven. It's important to understand that most bullying does not qualify as unlawful harassment. In fact, approximately 80 percent of workplace bullying incidents are legal because they don’t meet the protected class criteria. Only an attorney can assess whether a specific situation qualifies as unlawful harassment.

Is It Normal for My Health to Be Falling Apart?

Yes, it is not unusual for bullying or harassment to take a toll on your physical and mental health. Many employees try to endure the situation, but this often worsens the psychological damage. Chronic stress from workplace bullying can alter brain function, affecting emotions, behavior, and cognition. This neurological impact can lead to feelings of helplessness or being "stuck." Fortunately, reducing or eliminating the stressor—such as by removing yourself from the hostile environment—can lead to a return to emotional and cognitive normalcy. Time alone will not heal the damage; active steps are required.

I Feel So Lost—What Should I Do?

First, understand that you are not alone. Workplace bullying is more common than many realize, and it’s likely others at your workplace are experiencing similar treatment. Isolation worsens the psychological impact, so reaching out for support is crucial. Above all, remember that bullying is never justified, and victims are not to blame. Do not internalize the bully’s message that you deserve the abuse.

Why Me? I'm the Most Skilled Person There.

Ironically, being highly competent can make you a target. Bullies often feel threatened by skilled, confident, or morally grounded colleagues. Many bullies are adept at manipulation and political maneuvering, using those skills to undermine perceived threats. The workplace bullying movement prioritizes supporting victims rather than rehabilitating bullies, recognizing that highly capable employees are frequently targeted.

My Co-Workers Have Turned Their Backs on Me—What Should I Do?

Being ostracized by co-workers can be one of the most painful aspects of workplace bullying. Social validation plays a critical role in our well-being, and losing the support of colleagues intensifies feelings of isolation. Unfortunately, many employees choose to side with the bully out of self-preservation, fearing they will be the next target if they speak out.

Why Doesn't My Union Help?

Although unions are often expected to advocate for employee rights, their responses to bullying complaints can be inconsistent. The attitudes of union leadership heavily influence how or whether action is taken. If union board members are unsympathetic or unaware of the issue, they may be unwilling to pursue it. Some unions ignore bullying altogether, even when it clearly violates ethical workplace standards.

When I Reported It to My Employer, Things Got Worse. Why?

Sadly, many employers respond to bullying reports by defending the bully—especially if the perpetrator is a manager. In about 72 percent of cases, the bully holds a position of authority. Reporting their behavior may lead to retaliation or being labeled a "troublemaker," particularly if upper management has a vested interest in protecting the aggressor. In some instances, the bully is fulfilling management’s unspoken goals through aggressive conduct.

My Employer Is Making Me Get Workers’ Comp—What Should I Do?

If you report psychological harm from workplace bullying, HR may suggest filing for workers' compensation or taking medical leave under the Family and Medical Leave Act (FMLA). However, both options come with drawbacks. Workers' comp claims are often denied after biased evaluations, leaving employees without pay. FMLA offers unpaid leave, which can be financially unsustainable. A more strategic route may be to request short-term disability leave through your healthcare provider. While this doesn’t guarantee job security, it can help document your case and preserve your rights for future legal action.

I Was Forced Out of My Job, and Now I Can’t Get Unemployment—What Can I Do?

Quitting your job typically disqualifies you from unemployment benefits. However, you may be able to claim "constructive discharge" if you left due to intolerable bullying and lack of employer intervention. Some employers promise unemployment benefits in exchange for resignation, only to renege later. If this happens, you can appeal the denial by demonstrating that a reasonable person would have felt compelled to resign under the same circumstances.

How Can My Employer Get Away Without Doing Anything?

In many cases, employers take no action on bullying complaints unless required by law. In fact, some retaliate against those who speak out. The absence of clear anti-bullying legislation allows this inaction to continue. While some countries like Canada have specific laws against workplace bullying, the U.S. lacks a nationwide standard. Until legal obligations are clearly defined, many employers will avoid involvement unless a lawsuit forces their hand.

Will There Be Lawsuits at All?

Currently, no U.S. state has passed comprehensive anti-bullying laws. The proposed Healthy Workplace Bill has been introduced in several states but has not been widely adopted. While some bullying cases may be pursued under related claims—such as harassment or intentional infliction of emotional distress—litigation can be traumatic and invasive. Victims may face intense scrutiny and retaliation, which can lead many to drop their cases before reaching a resolution.

Do You Have the Names of Any Attorneys Who Understand Bullying?

Because bullying is not yet explicitly illegal in most states, few attorneys specialize in this area. However, experienced employment lawyers familiar with your employer’s legal strategies may be your best resource. They can identify potential legal claims, such as discrimination or retaliation, and help you determine whether a viable lawsuit exists.

How Can I Prevent This from Happening at My Next Job?

Preventing future bullying begins with healing and setting clear boundaries. Rebuild your confidence and mental well-being before seeking a new role. As you evaluate potential employers, do your due diligence—research company culture, ask pointed questions during interviews, and pay attention to how employees interact. Resources like The Bully at Work can help you create a healthier foundation for your next workplace experience.

When Is Bullying Illegal?

So far, no state has any existing anti-bullying laws, although 11 states have some pending. In cases where a protected group is involved, it is illegal. If this is the situation, you may only have up to 180 days to file a claim. In situations where there is actual violence, improper touching, stalking, etc., there are laws against these things in every state.

Can You Sue for Workplace Bullying in Nevada?

Although there is no standalone law for workplace bullying in Nevada, employees may have legal grounds to sue if the bullying behavior results in:

  • A hostile work environment based on protected characteristics (under Title VII or Nevada’s NRS 613.330);
  • Retaliation for reporting harassment or misconduct;
  • Constructive discharge — when the bullying becomes so intolerable that the employee is essentially forced to resign;
  • Intentional infliction of emotional distress (IIED), where the behavior is extreme, outrageous, and causes severe emotional harm.

In these cases, it’s essential to gather strong evidence and consult with an employment attorney to determine if a claim is viable.

Legal Standards for a Hostile Work Environment in Nevada

In Nevada, workplace bullying becomes unlawful when it meets the legal threshold of a hostile work environment. This typically requires that:

  • The conduct is unwelcome and offensive;
  • It is severe or pervasive enough to create an abusive working atmosphere;
  • It targets an individual based on protected characteristics such as race, sex, religion, disability, or age;
  • A reasonable person in the same situation would find the environment hostile or abusive;
  • The employer knew or should have known about the conduct and failed to act appropriately.

While bullying based on personality clashes or general meanness may not be illegal, it can still form the basis for a civil claim if it escalates into legally defined harassment or intentional infliction of emotional distress.

If You Are Facing Workplace Bullying

If you are experiencing bullying, file a complaint with the HR department in your company. A smart employer knows that bullying will lower morale, reduce productivity, and not provide any benefit to the company.

It is important that you keep a record of the various bullying incidents. Write down the date, what kind of treatment you were given, words that were said to you, and others who were present. Also, keep track of how those actions affected you. Did it cause you stress, lead to an absence from work, produce medical problems, etc.

Additional Legal Protections for Nevada Employees

Nevada offers certain protections that may aid employees experiencing bullying:

  • Nevada Equal Rights Commission (NERC) enforces state anti-discrimination laws. Employees may file complaints for harassment or retaliation.
  • Whistleblower protections may apply if bullying is linked to reporting illegal or unethical behavior.
  • Workers’ compensation could be an option if the bullying results in psychological injuries diagnosed by a medical professional.
  • Nevada Revised Statutes (NRS) 613.330 and federal Title VII prohibit harassment based on race, color, sex (including pregnancy and sexual orientation), religion, national origin, age (40+), and disability.

It’s important to act quickly—some claims require filing within 180 or 300 days of the last incident, depending on whether federal or state agencies are involved.

Why Not a Federal Law?

At the present time, there are no laws at the federal level, and no plans to create one. There are some negotiations taking place to hold a Congressional hearing to inform legislators of the topic on Workplace Bullying.

Does Workplace Bullying Fall Under Current Workplace Violence Protections?

Bullying is considered to be a type of violence – “psychological violence.” The fact of verbal abuse in violence policies, makes bullying legal, because physical violence may not be a part of it.

Is Workplace Bullying Related to Sensitivity Training?

When a company offers sensitivity training, they are teaching the employees how to behave without violating federal and state laws of discrimination. The bottom line is that they teach that discrimination is illegal – but bullying is not. Because of this, the training against bullying is of little value unless an employer is willing to enforce it.

Conflict Resolution Techniques and Ethics Rules

Bullying is not between two people of equal power who have a difference of opinion. It is one-sided violence against someone who does not respond with equal force. In those situations, mediation has been proven not to work, as well as having ethics rules put in place. If those rules were enforced, then the problems would never have happened.

Lessons from Other Forms of Abuse

The closest form of a similar type of violence to bullying is domestic violence. The interaction is similar to what a bullied victim endures. In more severe cases, the battered person suffers from PTSD (in 30 percent of the women). America has taken years to recognize the abuse against women and children.

Healthy Workplace Campaign

Strong legislation is now in existence to create laws against bullying. The organization behind it is called The Healthy Workplace Campaign (HWC), and it was started by Law Professor David Yamada, from the Suffolk University. The organization says that there are now about 100 different versions of this Bill that have been introduced to various state houses and senates.

In order to be prepared for the passing of these bills, employers should begin preparing policies to deal with bullying in the workplace. Training also needs to be prepared.

Why Can't We All See the Bill?

The Healthy Workplace Bill is being promoted only by special authorized State Coordinators in order to present a unified front and message. They are trained on how to approach lawmakers.

The original bill was written by Professor David Yamada. Each bill will likely be partially edited in each state to suit their needs. After the bill has been introduced, a copy of it will appear on the legislator’s website for review.

Recommendations for Employers

A training course has been created by Seyfarth Shaw. His program is entitled Seyfarth Shaw At Work, and it complies with California’s new training requirement.

When presenting training to employees, it is doubtful that just sending out an email and directing them to a Power Point presentation will be enough. An interactive training session offering real examples will likely be more effective.

Employers also need to prepare a policy as to how they will deal with cases when they crop up. It is also important to help make employees feel like they can make complaints without problems when necessary.

Nevada Employer Responsibilities and Best Practices

To minimize liability and foster a healthy workplace, Nevada employers are encouraged to:

  • Create clear anti-bullying policies that go beyond legal harassment definitions;
  • Provide interactive training that distinguishes between inappropriate behavior and illegal conduct;
  • Implement confidential reporting channels for employees to report bullying without fear of retaliation;
  • Investigate all complaints promptly and thoroughly;
  • Take corrective action where necessary—even when behavior doesn’t meet the legal standard for harassment.

Employers can benefit from legal guidance in drafting policies or conducting workplace assessments to ensure compliance with both state and federal laws.

Frequently Asked Questions

1. Is workplace bullying illegal in Nevada? Not explicitly. However, bullying may be unlawful if it qualifies as harassment based on protected characteristics or causes significant emotional harm.

2. Can I sue my employer for stress caused by bullying? Possibly. If the bullying results in a hostile work environment, constructive discharge, or emotional distress, you may have legal options.

3. What is considered a hostile work environment in Nevada? A workplace where offensive conduct is severe or pervasive enough to interfere with your ability to work, particularly if it targets protected traits.

4. How can I document workplace bullying? Keep detailed notes of incidents, including dates, witnesses, specific behaviors, and how it affected your work or health. Emails and texts can also help.

5. What should I do if HR ignores my complaint? You can escalate the issue by filing a complaint with the Nevada Equal Rights Commission or the Equal Employment Opportunity Commission (EEOC), or consult an attorney through platforms like UpCounsel.

If you need help in understanding the new laws dealing with bullying, or how to set up policies concerning bullying the workplace, or The Healthy Workplace Bill, you can post your legal need on the UpCounsel’s marketplace. UpCounsel only uses lawyers who have graduated in the top 5 percent of the top law schools such as Harvard Law and Yale Law, and who also have an average of at least 14 years of legal experience. Many of them have worked with or on behalf of such companies as Google, Menlo Ventures, and Airbnb.