Abusive conduct is a pattern of hostile, offensive behavior at work that serves no legitimate business purpose. The term is defined in California law, which requires many employers to train employees on preventing it, and it is widely used in HR policies elsewhere. It overlaps with what most people call workplace bullying.
The California definition
California’s Government Code defines abusive conduct as conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive and unrelated to the employer’s legitimate business interests. The law gives examples:
- repeated infliction of verbal abuse, such as derogatory remarks, insults and epithets
- verbal or physical conduct that a reasonable person would find threatening, intimidating or humiliating
- gratuitous sabotage or undermining of a person’s work performance
A single act generally does not count unless it is especially severe and egregious.
What it looks like day to day
- a manager who regularly yells at or mocks one employee in meetings
- coworkers who spread rumors or deliberately exclude someone from information needed for the job
- assigning impossible deadlines to set someone up to fail
- threats about job security used to intimidate rather than to address real performance problems
Firm feedback, performance reviews, reasonable deadlines and disciplinary action handled fairly are not abusive conduct, even if they are unpleasant.
Abusive conduct vs illegal harassment
In most US jurisdictions, workplace bullying on its own is not illegal. It becomes unlawful harassment when it is based on a protected characteristic, such as race, sex, religion, national origin, age, disability or sexual orientation, or when it is retaliation for reporting discrimination. The EEOC’s harassment page explains the federal rules. Many employers ban abusive conduct in their policies regardless, so you may still have options internally.
What to do if it happens to you
- Write it down. Dates, what was said or done, who was present. Save emails and messages.
- Read your employer’s policy on conduct and complaints.
- Report it to HR, a manager above the person, or through an ethics line. Put it in writing.
- Get support from trusted colleagues, your union representative if you have one, or an employee assistance program.
- Consider legal advice if the behavior targets a protected characteristic, if you face retaliation, or if your health suffers.
For managers
Address problems early and privately, focus on behavior, document what you see, and follow up. Training helps, but consistent consequences change culture.
The pattern is similar to controlling behavior outside work, described in our article on how a narcissist reacts when they can’t control you. Shift workers can be especially exposed when supervision is thin; see what a swing shift is.
