This is one where you could say the glass is half full: A Sunday Boston Globe editorial recognizes the serious impact of workplace bullying on individuals and organizations, but sits on the fence as to whether the Healthy Workplace Bill — which provides targets of severe workplace bullying with a claim for damages and creates liability-reducing incentives for employers to take bullying at work seriously — should be enacted into law.
It’s a lengthy editorial covering a lot of familiar ground on the pros and cons of enacting the Healthy Workplace Bill, so I’m not going to excerpt portions here. Rather, I encourage you to read the full editorial and to add a comment or write a letter to the editor. In addition, let me summarize a few points from my perspective:
- The primary reason why employers are incorporating concerns about workplace bullying into their employee relations practices is the real possibility of the Healthy Workplace Bill becoming law. Without the threat of liability, in the near future or currently, many employers will handle allegations of bullying by ignoring them or siding with the aggressors.
- Current harassment and discrimination laws do not provide adequate protections. They apply only when the mistreatment is motivated by protected class status such as sex, race, disability, and age.
- The substance of the Healthy Workplace Bill draws heavily from the Supreme Court’s definition of hostile work environment for sexual harassment and from tort (personal injury) theories concerning severe emotional distress. Thus, it is situated comfortably in familiar American legal doctrine.
I mentioned that the glass is half full concerning the Globe editorial. A decade ago, the prospects of a major newspaper editorial board weighing in on the Healthy Workplace Bill were slim to none. We’ve come a long way toward mainstreaming workplace bullying as an employee relations priority, and we’re continuing to make progress on creating legal protections for American workers.