When is bullying considered discriminatory harassment?

When it targets a child because of a protected characteristic such as race, national origin, sex, disability, or religion, it can become civil-rights harassment that the school is obligated to address.

Is there a single federal law against bullying?

No. There is no single federal anti-bullying law, but federal civil-rights laws can apply when bullying is based on a protected characteristic and creates a hostile environment.

Do I have to call it discrimination for the school to act?

No. A school's duty applies once it knows or reasonably should know of possible harassment, but naming it in writing makes your record clearer and stronger.

When bullying is discriminatory harassment

When bullying targets who a child is, it may be discriminatory harassment — with real legal duties for the school.

There is no single federal law against bullying. But when bullying targets a child because of a protected characteristic, it can become civil-rights “harassment” that the school is legally obligated to address.

Protected characteristics

Race or color
National origin, ethnicity, or shared ancestry
Sex — including sexual and gender-based harassment
Disability
Religion — at the federal level this is usually pursued through the race / national-origin / shared-ancestry route; many state laws also list religion directly.

The school generally must act when conduct is all three of these

Unwelcome and objectively offensive (slurs, threats, intimidation, physical contact).
Severe or pervasive enough to create a hostile environment that limits the student's ability to participate in or benefit from school.
Based on a protected class.

Good to know

A school's duty applies once it knows or reasonably should know of possible harassment — you don't have to call it “discrimination” for the obligation to exist. But naming it in writing makes your record clearer and stronger.

If this fits your child's situation, flag it in your record and consider the OCR complaint route.

Authoritative sources

Frequently asked questions

When is bullying considered discriminatory harassment?: When it targets a child because of a protected characteristic such as race, national origin, sex, disability, or religion, it can become civil-rights harassment that the school is obligated to address.
Is there a single federal law against bullying?: No. There is no single federal anti-bullying law, but federal civil-rights laws can apply when bullying is based on a protected characteristic and creates a hostile environment.
Do I have to call it discrimination for the school to act?: No. A school's duty applies once it knows or reasonably should know of possible harassment, but naming it in writing makes your record clearer and stronger.

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General information — not legal advice

This guide is general information to help you get organized, not legal or mental-health advice, and it doesn't guarantee any outcome. Laws and school policies vary and change. For your specific situation, consult a licensed professional or your state's education agency. In an emergency call 911; for a mental-health crisis call or text 988.

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