2022 -- S 2486 SUBSTITUTE A
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LC005135/SUB A
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2022
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AN ACT
RELATING TO LABOR AND LABOR RELATIONS -- DIGNITY AT WORK ACT
Introduced By: Senators Ciccone, Lombardo, and F Lombardi
Date Introduced: March 01, 2022
Referred To: Senate Labor
It is enacted by the General Assembly as follows:
1 SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS"
2 is hereby amended by adding thereto the following chapter:
3 CHAPTER 52.1
4 DIGNITY AT WORK ACT
5 28-52.1-1. Short title.
6 This act shall be known and may be cited as “The Dignity at Work Act of 2022”.
7 28-52.1-2. Legislative findings.
8 The general assembly hereby finds as follows:
9 (1) Generalized workplace harassment and bullying is a severe and pervasive problem. At
10 least one third of workers in the United States will face workplace bullying during their careers.
11 Workplace bullying leads to a loss of esteem, dignity and self-worth for targets and witnesses.
12 Workplace bullying also leads to severe emotional, psychological, economic and physical harm to
13 targets. Such harms include feelings of shame and humiliation, anxiety, depression, insomnia,
14 hypertension, substance abuse, post-traumatic stress disorder, suicidal ideation, heart disease,
15 stress-induced illnesses, suicide, workplace violence and job loss.
16 (2) Generalized workplace harassment and bullying costs American employers billions of
17 dollars in lost productivity, turnover, absenteeism, presentism, decreased morale, increased
18 insurance premiums, workers' compensation, medical and legal costs.
19 (3) Workplace bullying and general harassment has been studied in the United States since
 1 at least the 1970s, when psychiatrist Carroll Brodsky published the earliest examination of
2 workplace bullying in America in 1976. Since then, a multitude of employer systems have been
3 made available to address the problem. Despite these decades of work and awareness, employer
4 policies alone have been ineffective in preventing, remedying and eliminating workplace bullying.
5 (4) Since the 1980s, the United States Supreme Court has determined that discriminatory
6 harassment in the workplace that creates a hostile work environment is prohibited under federal
7 law. Hostile work environments are prohibited under various federal anti-discrimination statutes,
8 such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990
9 (ADA), and the Age Discrimination in Employment Act of 1967 (ADEA). However, a hostile work
10 environment that is unconnected to an employee's membership in a protected group is not
11 actionable under these laws. The Legislature hereby finds that if mistreated employees who have
12 been subjected to harassment cannot establish that the behavior was motivated by race, color, sex,
13 sexual orientation, national origin or age, such employees are unlikely to be protected by the law
14 against such mistreatment.
15 (5) Existing workers' compensation provisions and common law tort law are inadequate to
16 discourage workplace bullying or to provide adequate redress to employees who have been harmed
17 by workplace bullying.
18 (6) Since the 1940s, the right to dignity has been recognized as an inalienable human right
19 and the foundation of freedom, justice and peace in the world. A typical adult will spend at least a
20 third of their waking hours at work. Therefore, the right to dignity must be assured in the workplace.
21 In order to protect workers' right to dignity, legislation must be passed protecting this right and
22 providing legal recourse for targets of workplace bullying and/or general harassment and other
23 abusive behaviors.
24 28-52.1-3. Purpose.
25 (a) The purpose of this chapter is to recognize and protect the right to dignity in the
26 workplace, and to prevent, detect, remedy and eliminate all forms of workplace bullying and
27 harassment that infringe upon that right. Accordingly, the provisions of this chapter shall be
28 construed liberally and given broad interpretation consistent with this purpose.
29 (b) It is also the purpose of this chapter to:
30 (1) Prevent, detect, remedy and eliminate workplace bullying, moral, psychological and
31 general harassment and other abusive behavior from the American workplace.
32 (2) Provide a remedy for workers who are targets of workplace bullying, moral,
33 psychological or general harassment and/or other forms of workplace abuse in order to make whole
34 such targets of workplace abuse.
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 1 (3) Provide an incentive for employers to prevent, detect, remedy and eliminate workplace
2 bullying, moral, psychological and general harassment and other forms of abuse in the workplace,
3 in order that such behaviors shall be addressed and eliminated before they cause harm to the targets
4 of such behaviors.
5 28-52.1-4. Definitions.
6 (a) For the purposes of this chapter, the following words and phrases shall have the
7 following meanings:
8 (1) "Employer" means any organization or individual employing an individual to engage
9 in any work on their behalf or on behalf of their subsidiaries, customers or clients, whether such
10 work is paid or unpaid. This shall include non-profit agencies employing volunteers. This shall also
11 include organizations hiring workers through a temporary agency or other such organization to
12 perform work on their behalf. Employers who exert control over the means, methods, payroll or
13 personnel practices of their suppliers shall be considered joint employers with said supplier for the
14 purpose of this act. Where more than one organization or individual meets the definition of
15 employer under this act, for the purpose of a claim by a targeted employee, such organizations shall
16 have joint and several liability as co-employers.
17 (2) "Employee" means a person who engages in work for another, whether such work is
18 paid or unpaid, or whether such other directly employs said employee. "Employees" includes
19 individuals who perform work in any capacity, including apprentices, trainees, unpaid interns,
20 volunteers, or independent contractors.
21 (3) "Right to dignity" means the fundamental right to receive respect for one's dignity as a
22 human being and the right to enjoy the conditions necessary for human dignity to flourish. Respect
23 for dignity implies the right not to be treated in a degrading or humiliating manner.
24 (4) "Workplace bullying" means an abuse or misuse of power through means that
25 undermine, humiliate, denigrate, or sabotage a person in the workplace, and which has the purpose
26 or effect of threatening, intimidating, dominating, or otherwise infringing upon a person's right to
27 dignity. The source of power shall not be considered as limited to formal organizational power or
28 authority.
29 (i) Workplace bullying may take the form of interpersonal interactions, organizational
30 practices, or management actions. Workplace bullying may take the form of harassment, incivility,
31 abusive supervision, physical violence, aggressions and other types of objectionable behaviors. The
32 behaviors may come from any level of the organization, including supervision, co-workers,
33 subordinates, customers and even direct reports.
34 (ii) Workplace bullying can encompass a broad spectrum of conduct. Examples of
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 1 workplace bullying include, but are not limited to:
2 (A) Persistent or egregious use of abusive, insulting, or offensive language;
3 (B) Unwarranted physical contact or threatening gestures;
4 (C) Interfering with a person's personal property or work equipment;
5 (D) The use of humiliation, personal criticism, ridicule, and demeaning comments
6 (E) Overbearing or intimidating levels of supervision;
7 (F) Withholding information, supervision, training or resources to prevent someone from
8 doing their job;
9 (G) Changing work arrangements, such as rosters, offices, assignments, leave, and
10 schedules to deliberately inconvenience someone;
11 (H) Isolating, or marginalizing a person from normal work activities;
12 (I) Inconsistently following or enforcing rules, to the detriment of an employee;
13 (J) Unjustifiably excluding colleagues from meetings or communications;
14 (K) Intruding on a person's privacy by pestering, spying or stalking; and
15 (L) Spreading misinformation or malicious rumors.
16 (iii) While the offender's intent is relevant to the remedy phase of a claim, it shall not be a
17 required element to support a claim of workplace bullying. The decision on whether bullying has
18 occurred is not to be determined by the intent of the offender, but rather by the nature of the
19 behavior itself, and whether it has the effect of infringing upon a worker's right to dignity. An
20 infringement upon the right to dignity shall be assessed by the impact the behavior has on the
21 recipient. This includes, but is not limited to:
22 (A) Effects on the target's self-esteem (e.g., caused when an employee is subjected to
23 excessively harsh criticism and repeated reminders of past mistakes);
24 (B) Effects on the target's social relations (e.g., caused when an employee is isolated by
25 others or ignored);
26 (C) Effects on the target's reputation (e.g., caused when an employee is ridiculed,
27 demeaned, or the subject of gossip or lies);
28 (D) Effects on the target's professional life (e.g., caused when an employee is given
29 meaningless work assignments, no work assignments at all, or unreasonably difficult assignments
30 or schedules); and
31 (E) Effects on the target's psychological and physical health (e.g., caused when the
32 employee is threatened, attacked, or receives unsafe work assignments, including during pregnancy
33 or a temporary health issue.).
34 (5) "Moral, Psychological, or General Harassment" means unwelcome, objectionable
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 1 conduct that is severe or pervasive enough to create an intimidating, hostile or abusive environment.
2 Such analysis will be conducted from the view of a reasonable person under the totality of the
3 circumstances
4 (i) For harassment to be legally actionable, a victim must demonstrate one or more of the
5 following:
6 (A) The harassment disturbed their emotional tranquility in the workplace.
7 (B) The harassment affected their ability to perform their job as usual, or up to standard.
8 (C) The harassment interfered with and undermined their personal sense of well-being.
9 (ii) A single incident of harassment is sufficient to create a triable issue regarding the
10 existence of a hostile work environment, if the harassing conduct creates an intimidating, hostile,
11 or offensive working environment. The question of whether an environment is objectively hostile
12 or abusive must be answered by reference to all the circumstances. These kinds of questions are
13 especially well-suited for jury determination and are rarely appropriate for disposition on summary
14 judgment, unless a complaint is clearly frivolous, unreasonable or totally without foundation.
15 (6) "Supervisor" means any individual who is empowered by the employer with the ability
16 to change the employment status of an employee or who directs an employee's daily work activities.
17 (i) The term "supervisor" shall not be limited to only those with the power to hire, fire,
18 demote, promote, transfer or discipline. It includes those with the power to set schedules, make task
19 assignments, mediate complaints, distribute rewards and punishments, or assert other intangible
20 forms of authority.
21 (7) "Management Action" means a course of action that is taken by an employer or its
22 supervisors or its agents, to direct and control the way work is done. A management action shall
23 not be considered bullying if it is carried out with just cause and is conducted in a reasonable
24 manner. Examples of management action include, but are not limited to:
25 (i) Conducting performance appraisals;
26 (ii) Holding meetings to address underperformance;
27 (iii) Disciplining a worker for misconduct;
28 (iv) Investigating alleged misconduct;
29 (v) Transferring a worker for operational reasons; or
30 (vi) Implementing organizational change or restructuring out of economic necessity.
31 (8) "Just Cause" means a standard of reasonableness used to evaluate a person's actions in
32 a given set of circumstances. If a person acts with just cause, his or her actions are based on
33 reasonable grounds and committed in good faith.
34 (9) "Retaliation" means a materially adverse action that might deter a reasonable person
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 1 from engaging in protected activity such as submitting a complaint or reporting abuse.
2 (i) "Materially adverse" includes any form of unfavorable treatment that rises above trivial
3 harms, petty slights, or minor annoyances. Materially Adverse action need not be job-related or
4 occur in the workplace to constitute unlawful retaliation.
5 (10) "Constructive discharge" - an adverse employment action where:
6 (i) The employee reasonably believed he or she was subjected to an abusive work
7 environment;
8 (ii). The employee resigned because of that conduct; and
9 (iii). The employer knew or should have known of the abusive conduct prior to the
10 resignation and failed to stop it.
11 28-52.1-5. Worker right to dignity in the workplace.
12 Every worker shall have the right to a workplace environment that affords them the dignity
13 to which all human beings are entitled.
14 28-52.1-6. Prohibition against bullying, moral, psychological, and general harassment
15 and other abusive behaviors.
16 (a) It shall be unlawful for any person to engage in workplace bullying, moral,
17 psychological or general harassment of a co-worker or other employee in the working environment.
18 (1) Bullying, moral, psychological or general harassment shall be prohibited without regard
19 to its subject matter or motivating animus. There is no requirement that the bullying behavior be
20 extreme, outrageous, or repetitive to be unlawful under this chapter.
21 (2) It shall be unlawful for an employee to be bullied to the point of resignation. If an
22 employer's action or inaction makes the situation at work so intolerable for the employee that the
23 employee resigns, it may be considered a constructive dismissal.
24 (3) It shall be unlawful for any person to aid, abet, incite, compel or coerce the doing of an
25 act forbidden under this chapter, or to attempt to do so.
26 (4) It shall be an unlawful employment practice to coerce, intimidate, threaten, or interfere
27 with any person in the exercise of, or on account of having exercised, or on account of having aided
28 or encouraged any other person in the exercise of, any right granted or protected under this chapter.
29 28-52.1-7. Employer responsibility to assure worker dignity and protect against
30 workplace bullying, moral, psychological and general harassment and other abusive
31 behaviors.
32 (a) Employers shall have a general duty to provide a workplace free from bullying and
33 moral, psychological or general harassment and to provide a workplace that protects each
34 employee's personal integrity, dignity and human rights.
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 1 (1) If bullying or harassment occurs at work, the employer shall make available the means
2 and measures for remedying the situation. Any employer who does not take all reasonable steps
3 necessary to prevent, detect and eliminate such behavior in their workplace shall be in violation of
4 this law and shall be liable for damages to make the targets of such bullying whole, including but
5 not limited to economic damages, damages for pain and suffering and equitable relief.
6 (2) Employers shall be required to post notice of employee's rights under this law, to
7 distribute the employer's anti-bullying policy including an explanation of reporting measures,
8 investigation process and remedial processes.
9 (3) Employers shall have a general duty to ensure, so far as is reasonably practical, that
10 they provide a work environment free from the risks associated with workplace bullying, that they
11 put in place a system to monitor, prevent and manage workplace bullying, and that workers are
12 adequately informed and trained on the topic of workplace bullying prevention and management.
13 (4) Employers shall take all necessary steps to assure that there be no retaliation against
14 any complainant who has filed a complaint under this chapter in good faith.
15 (5) Employers shall take all necessary steps to assure that there be no retaliation against
16 any individual for participating in a complaint as a witness, or for taking action as a bystander to
17 prevent or eliminate bullying of