Workplace bullying is a universal epidemic affecting an estimated 1/3 of American workers at some point in their working lives.

1. A Legal Approach to
Workplace Bullying
MASSACHUSETTS NURSING ASSOCIATION
WORKPLACE VIOLENCE IN HEALTHCARE
NOVEMBER 10, 2015

2. A Legal Approach to Workplace
Bullying

3. Workplace Bullying is an
Epidemic
One Third of Workers Exposed

4. Estimates
are that 1/3
of American
workers will
experience
bullying at
some point
in their
working
lives
60 percent
of bullies
are men
and 40
percent are
women.
Women are
targeted
more
frequently
than men
because
women
target
women
70% of the
time.
Men target
men and
women in
equal
numbers
(50/50)
Estimates
Are That
1/3 Of
American
Workers
Will
Experienc
e Bullying
At Some
Point In
Their
Working
Lives
60
Percent
Of
Bullies
Are Men
And 40
Percent
Are
Women
Women Are
Targeted
More
Frequently
Than Men
Because
Women
Target
Women
70% Of The
Time
Men
Target
Men
And
Women
In
Equal
Numbers
(50/50)

6. Effects of Workplace Bullying
♻ EMPLOYEES
 Adverse
Physical and
Mental
Health Effects
 Financial
Losses
 Destruction of
Family
EMPLOYERS
 Up to 50% ⬇
in productivity
 Increased
insurance
costs
 Loss of skilled
and trained
workers
SOCIETY
 20 million
workers
change or
lose jobs
unemploymen
t
 Social and
economic

7. Professor
David
Yamada
Crafted
Legislation
Entitled The
Healthy
Workplace
Bill.
1995
Number of
Legislators
In The
Country
That Have
Sponsored
Bills In Over
½ The
States.
400+
HB 1771 Passed
The First
Reading Of The
Joint Committee
On Labor &
Workplace
Development
with 58
Sponsors.
2015
Is There A Solution?
The Healthy Workplace Bill
Massachusetts Could Be The First State To
Pass
This Legislation.

8. Do We Need Another Law?
80% of abusive conduct is not illegal under current and existing laws.
Present Discrimination Laws In
Mass. Only Cover Employees
In 7 Protected Classes: Race,
Color, Religious Creed,
National Origin, Sex, Gender
Identity And Sexual
Orientation.
Bullying Behavior Not Rooted
In One Of These
Existing Workers’ Comp. and
Accidental Disability (public
employees) laws only come
into play when employee has
been injured to the extent of
needing medical treatment
and/or becoming disabled.
Employers and individual
employees not liable.

9. Workplace
Bullying
Discrimination
Based Upon
Protected
Class status
M.G.L. Ch. 151B
Work-Related
Injuries &
Disabilities
M.G.L. Ch.152
and Ch. 32
Common
Law Tort
Actions

10. Protects ALL
Employees
From Abusive
Work
Environments
Caused By
An Employer
Or Any
Employee.
What Is The Purpose Of The Healthy Workplace
Bill?

11. Definition of
Abusive
Conduct
Acts/Omissions
A Reasonable
Person Would
Find Abusive
Based Upon
The Severity,
Nature And
Frequency Of
The Conduct.
Verbal, Non-
Verbal Or
Physical Conduct
That Is
Threatening,
Intimidating Or
Humiliating in
Nature;
It Can Be A
Result Of Verbal
Abuse Through
The Use Of
Derogatory
Remarks, Insults
And Epithets;
Sabotage Or
Undermining Of An
Employee’s Work
Performance.

12. Key Provisions of HB 1771 – For Workers
Protects Employees From
Adverse Employment
Actions: Terminations,
Demotions, Unfavorable
Reassignments, Failure To
Promote, Disciplinary
Actions Or Reductions In
Compensation.
Adverse Employment Actions
Include
“Constructive Discharges” If
Employee:
Reasonably Believed She Was
Subjected To An Abusive Work
Environment;
Resigned Because Of The Conduct;
Employer Was Aware Before The
Resignation And Failed To Stop It.

13. Key Provisions of HB 1771 – For Workers
Protects
Employees
From
Retaliation
By
Employers
For Opposing
Abusive
Practices
Including:
Making A Claim
Of Abuse;
Testifying/
Participating In
An
Investigation.
Includes
Internal
Complaints,
Arbitration,
Mediation Or
Legal Actions.
Individual
Employees
Are Liable
For Their
Actions
(Unless
Acting Under
Direction/
Coercion Of
Employer)
Employers
Are
Vicariously
Liable For
Acts Of
Employees.

14. Actions Must Be
Intended To
Cause Pain Or
Distress Of A
Physical Or
Psychological
Nature. Typically,
A Single Act Will
Not Constitute
Abusive Conduct.
Key Provisions of HB 1771 – For Employers
Protection From Disgruntled Employees Making Claims: (Affirmative
Defenses)
:
Adverse
Employment Action
reasonably taken
for:Employer Exercised
Reasonable Care To Prevent
And Promptly Correct Behavior;
And
Employee Unreasonably Failed
To Take Advantage Of
Preventive And Corrective
Opportunities Provided By
Performance, Misconduct, Economic
Necessity; Or
Reasonable Performance Evaluation;
Or
Reasonable Investigation Of
Potentially Illegal Or Unethical Activity.
Violation does not
involve an Adverse
Employment Action

15. Private
Right Of
Action
In
Superior
Court
1 Year
Statute
From
Last Act
Court
Can:
Enjoin
Defenda
nt
Award
Damages
Reinstate
Employe
e;
Remove
Bully
If
Adverse
Action
Not
Involved
Conduct
Must Be
Extreme &
Outrageou
s
For
Punitive
&
Emotiona
l Distress
Against
Employer
Remedies
Under HB 1771

16. Contact Your Local
Representative
Visit The Website:
Healthyworkplace.Org
Talk With Organizations You Belong
To About Endorsing the Bill
It’s Just A Bill Until It Becomes A
Law