When you spend countless hours with your coworkers each week, you naturally become interested in their lives. You might tell the new hire that your shift lead is having a new baby in June or that Joe from accounting likes to reheat fish in the microwave.
Routine workplace gossip is often unavoidable. But when it becomes pervasive or malicious, problems can ensue. You might wonder, “Is spreading rumors at work harassment?” California employment law establishes clear regulations to help employers and employees determine when office gossip has gone too far.
If you’re dealing with workplace harassment, derogatory remarks, or other related issues, you should contact a knowledgeable attorney as soon as possible.
Understanding Rumors in the Workplace
It’s not practical (and often not legally permitted) for employers to impose a wholesale ban on workplace gossip. Instead of banning it outright, employers and managers should be able to recognize the characteristics of toxic, harmful gossip.
Employees often discuss the goings-on in their own lives and those of other coworkers. That’s usually not harmful. However, if discussions start to seem targeted or malicious, that’s a sign that rumors might be a problem.
For example, if one employee tells another that a co-worker is moving and the employees start discussing why, that’s generally acceptable. If an employee begins telling others that a co-worker is a sex offender when they are not, their actions likely constitute harassment.
Is Spreading Rumors Harassment at Work in California?
Are you wondering, “Is spreading rumors at work harassment?” The answer is it can be, but a rumor doesn’t necessarily mean that someone is being harassed.
To qualify as harassment, rumor-spreading must create a hostile work environment. California employment law requires employers to take proactive steps to address workplace harassment and related issues.
Hostile work environments often arise when rumors and unwelcome statements spread unchecked.
When Rumor-Spreading Crosses Into Illegal Workplace Harassment
It can be difficult to draw a line between rumors and harassment. Under California employment law, spreading rumors can cross over into workplace harassment when at least one of several factors is true.
The Conduct Targets a Protected Characteristic
The California Fair Employment and Housing Act is a state law that aims to protect Californians from discrimination in the workplace and in the housing market. Its discrimination protections extend to more protected classes than federal laws do. The following are protected characteristics in California:
- Race
- Color
- National origin
- Sex or gender (including pregnancy and related conditions)
- Religion
- Gender identity or expression
- Sexual orientation
- Marital status
- Medical conditions or genetic information
- Military or veteran status
- Ancestry
- Disability (mental or physical)
- Age (if over 40)
Rumors don’t have to be based on protected characteristics to constitute illegal harassment. However, if a rumor is based on one of these characteristics, it may be easier to show that the employees’ behavior in spreading the rumor has gone beyond benign workplace gossip.
The Conduct Is Severe, Pervasive, or Both
Harassment at work creates a hostile work environment. To do that, the behavior in question usually must be severe or spread out over time. In the case of spreading rumors, either scenario is possible.
For instance, imagine that one worker creates and spreads an extremely graphic sexual rumor about another. Even if they only do this once, the impact on the target and the workplace as a whole is significant.
Now, imagine a small workplace where one employee is elderly, and the rest are not. One younger employee has started making disparaging remarks about the older one when they work together. The comments are not extreme, but they make the older employee feel uncomfortable coming to work.
The Conduct Damages Work Conditions
Light workplace gossip is usually little more than idle chatter, but harmful rumors and malicious gossip aren’t just ways to pass the time. They make the target (and often other employees) uncomfortable and harm their ability to work.
Any rumor that creates social isolation at work, hurts professional opportunities, or impacts overall productivity may be illegal.
Harassment vs. Defamation
Spreading rumors at work can constitute both harassment and defamation of character. Workplace gossip that includes untrue statements is dangerously close to defamation.
Legally, “defamation” is an umbrella term that includes both slander and libel. Many people get confused about the definition of slander vs. libel in California:
- Slander involves spreading untruths by word of mouth
- Libel involves spreading untruths in writing
It might seem as if libel couldn’t easily happen at most workplaces. However, if employees text one another and those texts include false rumors, the target is a victim of libel.
Penalties and Consequences for Spreading Rumors at Work
Is there a penalty for spreading rumors at work? Harassment is a serious legal issue, and many employers will take disciplinary action against an employee who starts harassing others. If the employer does nothing, they may be legally liable for the harasser’s actions.
In some instances, an employee who spreads false rumors at work could face a defamation lawsuit or similar legal action.
Can You Report Someone for Spreading Rumors at Work?
You can (and should) report someone for spreading rumors at work, and you have a few options for doing so.
Making an Internal Report
When you report rumors to your HR department or manager, they must investigate. California employers know that the law requires them to address harassment, so many try to prevent it.
Filing a Defamation Lawsuit
If a coworker has been spreading lies about you that have caused measurable damage to your life and reputation, you might consider trying to recover damages through a lawsuit. This option doesn’t involve “reporting” in the traditional sense, but in some cases, it may lead to a favorable resolution.
Filing a California Civil Rights Department (CRD) Complaint
The CRD (formerly called the Department of Fair Employment and Housing) investigates violations of civil rights laws and holds employers responsible for misconduct.
In some cases, it can resolve the case with the employer. The CRD may require the employer to fire the perpetrator, conduct harassment training, or take other actions to make things right and reduce the risk of a similar situation occurring again.
If you and your attorney wish to file a harassment lawsuit, you would need to file a CRD complaint first. If the CRD finds that the claim has merit, it will issue you a “right to sue” notice.
How to Deal With Unwelcome Rumors at Work
No one should have to deal with unwelcome rumors when they’re just trying to do their job. If workplace gossip is harming your work environment and your well-being, you have options.
Document Everything
As with any other kind of harassment, documentation is essential in these cases. If you receive emails, texts, or other written communications about the rumors, keep them in a safe place.
In the case of spoken rumors, keep a running written log of the following:
- Dates and times
- What specifically was said
- Who was present
It may be tempting to record audio or video to catch the perpetrators in the act, but don’t do it! California is an all-party consent state, meaning that all parties to an interaction must consent to the recording. Recording the harassment unlawfully could create legal complications in your case.
Make a Report
Once your manager or HR department becomes aware of the rumors, they may be eager to do something to stop the behavior before it gets worse. If this is the case, filing a report through your company’s complaint process will likely yield a faster resolution than filing a lawsuit.
Many employees are concerned about retaliation. In California, it’s illegal for employers to fire or otherwise retaliate against employees who report harassment. If you make a report and believe your employer is retaliating against you, consult a lawyer right away.
Talk to a Lawyer
If your employer doesn’t effectively address workplace gossip, don’t give up. It may be time to file a formal complaint through the CRD or the federal Equal Employment Opportunity Commission. This is a prerequisite to filing a lawsuit, but if you don’t want to go to court, the CRD may be able to coordinate with your employer to resolve the issue.
An experienced employment attorney can discuss the specific details of your case and tell you if the untrue rumors amount to harassment in the eyes of the law. If they do, your lawyer will likely help you start the CRD complaint process.
Dealing With Harmful Rumors at Work? We’re Here for You
It’s easy to feel alone when you’ve been made the target of malicious rumors. ARCH Legal is here to help you navigate this challenging time and stand up for your rights. Our employment law attorneys are deeply familiar with California’s harassment and workplace bullying laws, and we’re ready to put that knowledge to work for you.
Give us a call or contact us online to book your free consultation today!
