Is Gaslighting Illegal at Work?
From sexual harassment to retaliation, workplace misconduct can take many forms in Tennessee. While there are infinite ways that employers can violate employee rights at work, some forms of abuse are more noticeable others.
A common but often overlooked type of workplace misconduct is gaslighting, a form of psychological manipulation in which a person seeks to sow seeds of doubt in a targeted individual or members of a targeted group, making them question their memory, perception, or sanity. Through persistent denial, misdirection, contradiction, and lying, gaslighters attempt to destabilize the victim by delegitimizing their beliefs.
While people tend to conceptualize gaslighting in dating and relationships, gaslighting is no stranger to the workplace. Workplace gaslighting can involve supervisors, coworkers, or even subordinates who consistently lie, deny any wrongdoing, systematically undermine others’ self-confidence, and/or manipulate others into accepting their version of events.
Is gaslighting illegal in the workplace? In this blog, we’ll explore common types of workplace gaslighting and what steps victimized employees can take to hold employers accountable for gaslighting and other forms of workplace misconduct in Tennessee.
Can I Sue My Employer for Gaslighting?
Although gaslighting in and of itself isn’t inherently illegal in Tennessee, employers are legally obligated to maintain a safe and respectful work environment for all employees, meaning that victims of gaslighting can and should take the necessary steps to safeguard their rights at work. Common examples of workplace gaslighting in Tennessee include:
- Denying previous agreements, conversations, or events – A gaslighter may insist that a conversation or event did not occur, causing victimized staff to question their version of events and impair their ability to hold fellow professionals accountable in the workplace.
- Twisting the truth – A gaslighting supervisor can twist or spin information to make it seem as if employees are in the wrong when they are not.
- Undermining confidence and self-esteem – A gaslighter may continually criticize others’ performance or abilities, causing victims to question their competence and value in the workplace.
- Isolating victims from others – A gaslighting employer may isolate employees from their colleagues, in addition to forums that may provide support or resources, to exclude and isolate them. This can lead employees to internalize the belief that they are to blame for the problem at hand.
4 Ways to Bring a Lawsuit Against Gaslighters at Work
While no explicit law prohibits workplace gaslighting as a stand-alone offense, this doesn’t mean that employees can’t bring lawsuits against employers for gaslighting.
Under certain conditions, victims can take legal action and hold employers accountable for gaslighting so long as the behavior constitutes a legally enforceable type of workplace misconduct. Common examples include:
1. Gaslighting contributes to a hostile work environment.
In Tennessee, a hostile work environment is generally characterized by severe or pervasive comments or conduct based on race, color, national origin, age, sex, religion, disability, and gender that contribute to an intimidating or offensive work environment. If workplace gaslighting contributes to a hostile work environment in any way, the offender may be held accountable under state and federal employment laws in Tennessee.
2. Gaslighting constitutes employment discrimination.
Under Title VII of the Civil Rights Act of 1964, employers are prohibited from allowing a workplace to become hostile due to discrimination based on certain protected characteristics, including:
- Age
- Race
- Color
- Religion
- Disability
- National origin
- Gender
- Sex
Keep in mind that these “protected classes” under the EEOC also extend to sexual orientation, gender identity, pregnancy, and pregnancy-related conditions (such as post-partum depression and breastfeeding). If workplace gaslighting results in unlawful discrimination, victims may be entitled to seek compensation from offending employers or coworkers in court.
3. Gaslighting constitutes workplace harassment.
In employment law, workplace harassment is best defined as any unwelcome and offensive behavior, comments, actions, or conduct directed towards an employee or a group of employees based on their protected characteristics. Harassment can create a hostile, intimidating, or offensive work environment, interfering with an individual's ability to perform their job effectively.
Workplace harassment can take various forms, including:
- Verbal Harassment – This entails offensive remarks, slurs, jokes, and other inappropriate or derogatory comments targeting an employee’s protected characteristics under the EEOC.
- Physical Harassment – This form of harassment involves unwanted touching, physical intimidation, or invasion of personal space.
- Visual Harassment – Visual harassment at work entails displaying offensive images, posters, or materials targeting protected characteristics.
- Cyber Harassment – This entails sending harassing emails, messages, or social media posts to an employee or spreading rumors online.
- Sexual Harassment – Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or any other verbal or physical conduct of a sexual nature that contributes to a hostile work environment.
4. Gaslighting constitutes employer retaliation.
If workplace gaslighting leads to adverse employment decisions, such as being passed over for promotions, receiving unfavorable job assignments, or being fired, employees may be entitled to bring an employer retaliation case against the offender in Tennessee courts.
Retaliation refers to any adverse action taken by an employer against an employee in response to the employee engaging in legally protected activities, such as filing a complaint, reporting misconduct, participating in an investigation, or asserting their employee rights under state and federal employment laws.
Common examples of workplace retaliation include:
- Wrongful termination – An employer firing an employee shortly after they engaged in protected activity, such as filing a discrimination complaint or reporting workplace misconduct
- Demotions – An employer who downgrades an employee's job position, responsibilities, or compensation as a form of punishment for engaging in legally protected activities
- Negative performance reviews – An employer who provides unjustifiably negative performance evaluations because employees engaged in legally protected activities
- Unwarranted disciplinary actions – An employer who imposes unwarranted or exaggerated disciplinary actions, such as suspension or written warnings, in response to legally protected activities
- Blacklisting – An employer who attempts to prevent employees from obtaining future employment opportunities by providing false or negative references to potential employers
Protecting the Rights of Wronged Employees
At Donati Law, PLLC, we understand how devastating it can be to face discrimination or harassment in Tennessee workplaces. From hostile bosses to discriminatory coworkers, our passionate Memphis employment attorneys have a proven track record of successfully holding unethical employers accountable for their actions in court. Whether you’re seeking representation to protect against age discrimination, breach of contract, or related employment dispute, our lawyers have the in-depth knowledge and experience to prioritize your needs from start to finish.
Employment disputes can be complex and emotionally distressing for wronged workers. Contact us onlineto discuss your case with our skilled employment lawyers in Memphis.
