Bullying vs. Harassment: Why the Difference Matters in Your Workplace

The Question That Keeps Coming Up From Emtrain Learners

“If bullying isn’t harassment, then how can bullying lead to harassment?”

It’s a question we hear constantly from employees taking workplace harassment training, and it reveals a critical gap in understanding that can leave both workers and employers vulnerable. The confusion is understandable—after all, both behaviors are toxic, both create negative environments, and both should have no place in a professional setting. Yet legally and practically, they’re not the same thing.

Let’s break down why this distinction matters and what it means for your workplace.

The Legal Line: Protected Characteristics

Here’s the key difference: Harassment, from a legal standpoint, is offensive conduct based on a protected characteristic—things like race, gender, age, disability, religion, or sexual orientation. Bullying, on the other hand, is repeated mistreatment that may have nothing to do with these protected categories.

Think of it this way:

• A manager who consistently berates an employee for wearing a hijab is committing harassment (religious discrimination)
• A manager who consistently berates an employee for their PowerPoint formatting is committing bullying (but not illegal harassment)

Both behaviors are unacceptable. Both are toxic. But only one violates federal employment discrimination laws.

Why “Just Bullying” Is Still a Big Problem

Here’s where many organizations get tripped up: just because bullying isn’t always illegal doesn’t mean it’s not actionable or dangerous.

Workplace bullying creates:

• Decreased productivity as targets spend emotional energy managing the abuse
• Increased turnover as talented employees flee toxic managers
• Reputational damage when bullying cultures become known
• Legal liability when bullying does cross into protected territory

And here’s the crucial connection: bullying can evolve into harassment. When a bully starts targeting someone based on their age, disability, or other protected characteristic—even unconsciously—that “just bullying” becomes illegal harassment.

The Intent Trap

One of the most persistent myths about harassment is that it’s about the harasser’s intentions. We frequently hear: “But they didn’t mean anything by it!” or “It’s just their communication style!”

The law doesn’t care about intent.

Harassment is determined by looking at the situation from the perspective of the victim and asking: “Would a reasonable person in this position find this conduct offensive?” The harasser might genuinely believe their jokes are funny or that everyone enjoys their comments. That subjective belief doesn’t matter if a reasonable person would find the conduct unwelcome and offensive.

This is why “locker room talk” and “just kidding around” defenses fail in harassment cases. The question isn’t whether the harasser meant harm—it’s whether the conduct was objectively harmful.

What About Passive Aggression?

Another common question from Emtrain learners: “What about passive-aggressive behaviors that don’t come from positions of power, like gossiping or rallying others against someone?”

The reality is that everyone can be a harasser, regardless of their position in the organizational hierarchy. You don’t need formal authority to create a hostile work environment. A group of peers consistently excluding someone because of their national origin is just as much harassment as a manager doing the same thing.

However, people in power positions present heightened risk because they:

• Can directly impact someone’s job security and career progression
• Have greater ability to instill fear
• Can more easily retaliate against those who speak up
• Model behavior that others may feel pressured to emulate

The Company Responsibility

“Do companies actually enforce these policies?” It’s a cynical question, but an important one.

The honest answer: Companies that want to maintain a respectful work environment and avoid significant legal liability do enforce harassment and bullying policies. Those two motivations—creating good culture and avoiding lawsuits—work hand in hand.

Organizations serious about enforcement:

• Investigate all complaints thoroughly and promptly
• Take corrective action proportional to the severity (from coaching to termination)
• Protect complainants from retaliation
• Track patterns to identify serial offenders or problematic departments
• Hold leaders accountable regardless of their performance or seniority

Companies that don’t enforce these policies face not just legal consequences, but also the slow rot of toxic culture—good employees leave, productivity drops, and the organization develops a reputation that makes recruiting difficult.

The Bottom Line for Employees

If you’re experiencing repeated mistreatment at work:

Is it based on your protected characteristic? (Race, gender, age, disability, religion, national origin, sexual orientation, etc.)

• YES → This is likely harassment. Document it and report it to HR or your ethics hotline immediately.
• NO → This is bullying. It may not be illegal, but it’s still unacceptable and should be reported through your company’s channels.

Don’t self-edit your complaints. You don’t need to be certain whether something is “technically harassment” before reporting it. HR and legal teams are equipped to make those determinations. Your job is to raise the concern so the company can investigate.

The Bottom Line for Managers

All toxic behavior should be addressed—whether it meets the legal definition of harassment or not. Waiting until bullying crosses into protected territory is waiting too long.

Best practices:

• Address disrespectful behavior immediately, even if it’s not legally actionable harassment
• Document patterns of behavior, not just single incidents
• Don’t try to determine harassment yourself—involve HR and legal when there’s any question
• Remember that intent doesn’t matter—focus on impact and whether a reasonable person would find the conduct offensive
• Model inclusive behavior and make clear that toxic behavior isn’t tolerated regardless of performance

Moving Forward

The distinction between bullying and harassment isn’t just legal hair-splitting—it’s about understanding the full spectrum of toxic workplace behavior and addressing all of it effectively.

Yes, harassment based on protected characteristics carries special legal weight. But organizations that only address the “illegal” stuff while tolerating “regular” bullying are missing the point. All toxic behavior corrodes culture, damages morale, and ultimately hurts the bottom line.

The question shouldn’t be “Is this technically illegal harassment or just bullying?”

The question should be: “Is this the kind of behavior we accept in our workplace?”

If the answer is no, then it’s time to act—regardless of what legal box it fits into.

Need help educating your workforce? Understanding the difference between bullying and harassment is just the beginning. Organizations committed to healthy workplace culture invest in comprehensive training that helps employees at all levels recognize, report, and address toxic behavior before it escalates. Emtrain Intelligence™ is the only end-to-end compliance training analytics tool designed to help leaders identify, measure, and remediate workplace risks before they become violations. Learn more at www.emtrain.com or contact us for a free demo.