The proposed bill introduces the "Workplace Psychological Safety Act" as a new chapter in Title 28 of the General Laws, aimed at ensuring the psychological safety of employees and the work environment without regard to protected class status by holding employers accountable for workplace bullying. The act defines workplace bullying as unwelcome, degrading, and dehumanizing conduct that is severe or pervasive enough to create a work environment that a reasonable person would consider threatening, hostile, or abusive, and that unreasonably interferes with the target's ability to perform job duties.
The act mandates that employers and representative employees take all reasonable preventative and responsive measures to provide safe work environments free from bullying. This includes acknowledging and responding to complaints within a reasonable timeframe, providing a transparent complaint process with fair investigations, maintaining accurate records, writing and distributing a written preventative policy against bullying, and training all employees on such policies. The act prohibits employers from mandating mediation or arbitration for bullying complaints prior to employees retaining counsel and from engaging in adverse employment actions against employees who report bullying.
Additionally, the act establishes a private right of action for employees who experience violations, allowing them to seek compensatory damages, punitive damages, injunctive relief, and restorative measures. It outlines specific remedies for complainants, including economic and non-economic damages, and sets penalties for employers who fail to comply with the act's provisions. Employees have three years to file a cause of action, and the bill requires a regulatory review five years after its effective date. The act is set to take effect upon passage.