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A Legal Approach to Workplace Bullying
MASSACHUSETTS NURSING ASSOCIATIONWORKPLACE VIOLENCE IN HEALTHCARE
NOVEMBER 10, 2015
A Legal Approach to Workplace Bullying
Workplace Bullying is an Epidemic
One Third of Workers Exposed
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 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)
Who
Is A
ffect
ed b
y W
orkp
lace
Bu
llyin
g Employees
Employers
Society
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 unemployment
Social and economic well-being
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.
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 Characteristics Is Not Discriminatory.
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.
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
Protects ALL Employees
From Abusive
Work Environments Caused
By An Employer Or
Any Employee.
Gives Employers An
Incentive To Prevent And
Address Abuse
Complaints In A
Timely Fashion.
Holds Defendants
Individually Liable
For Unlawful
Conduct.
What Is The Purpose Of The Healthy Workplace Bill?
Definition of AbusiveConduct
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.
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.
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.
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 EmployersProtection 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 Employer.
Performance, Misconduct, Economic Necessity; OrReasonable Performance Evaluation; OrReasonable Investigation Of Potentially Illegal Or Unethical Activity.
Violation does not involve an Adverse Employment Action
Private Right
Of Action
In Superi
or Court
1 Year Statute From
Last Act
Court Can:
Enjoin Defenda
nt
Award Damage
sReinstate
Employee;
Remove Bully
If Adverse Action
Not Involved
Conduct Must Be Extreme
& Outrageo
us
For Punitive
& Emotion
al Distress Against Employ
er
Remedies Under HB 1771
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