Healthy Workplace Bill reintroduced in Massachusetts legislature

I’m happy to share that here in Massachusetts, the anti-bullying Healthy Workplace Bill (HWB) has been reintroduced in the new, 2023-24 session of the Massachusetts legislature. We are delighted that Sen. Paul Feeney (D-Bristol & Norfolk), a stalwart voice for workers, is again the lead sponsor.

The HWB permits targets of severe workplace bullying to seek damages in court and creates liability-reducing incentives for employers to act preventively and responsively towards bullying behaviors at work.

Currently, the HWB (link here) is designated as Senate Docket No. 712 (SD.712). Later on, it will be given a bill number.

If you would like to see workplace bullying protections become a reality in Massachusetts, then please contact your state representative and state senator and urge them to co-sponsor the bill. If you do not know the name of your representative or senator, then you may click here to find out.

Changes in the newly-filed bill

The newly-filed HWB contains some modest changes that I have made in the template version of the bill, in response to ongoing conversations with employment lawyers and employee advocates. Most significantly, it removes a requirement of showing intent to cause harm or distress to the targeted employee. Instead, a plaintiff must show “intentional acts, omissions, or both, that a reasonable person would find abusive.” This remains consistent with an understanding that targeted, health-harming bullying — the abusive mistreatment that this bill seeks to address — is not due to accidental or unthinking behavior.

In addition, the new bill makes some minor changes to enable recovery of emotional distress damages even when the bullying has not culminated in a tangible employment decision, such as a termination or demotion.

Fair-minded legislation

That said, this version of the HWB still allows us to honestly represent to employers that this carefully-crafted bill does not legally micro-manage the workplace. Equally important, it does not set the bar to recovery so low that it can be easily misused by workplace bullies to sue their targets, or enable lawsuits and threats of lawsuits for lower-level incivilities or disagreements. Alternative proposals that are being touted by others would throw those doors wide open.

Indeed, in an era where voices from the extreme ends of the spectrum are sometimes the loudest, advocating for balanced, fair-minded solutions can be challenging. In this realm, doing nothing is not acceptable. In the U.S., workplace bullying continues to cause enormous harm to employees and employers alike, without any legal check. We need to address this void in our current employment laws. On the other hand, allowing lawsuits for everyday arguments, differences of opinion, and unwanted work assignments would create significant chaos in our workplaces.

It’s time for workplace bullying to become an unlawful employment practice. The Healthy Workplace Bill remains the best option toward that end.

Watch and learn: Video recordings of 2022 programs

 

Hello dear readers, I’m linking below video recordings of several programs in which I participated during 2022. I hope you’ll find something of interest!

• “Bullying and Incivility in the Academic Workplace” (March 2022) (link here) — I gave a presentation about “Bullying and Incivility in the Academic Workplace” to the Northeastern University College of Science in Boston, as part of a series on “Disrupting Academic Bullying.” I first cover bullying, mobbing, and incivility generally, then I examine these behaviors in academic workplaces.
• “Creating Healthy Workplaces Through Legislation” (April 2022) (link here) — At a conference hosted by the U.S. Department of the Navy and Howard University, I was invited to participate in a panel discussion on “Fostering Professional Climates and Cultures Through Accountability.” The conference was the 2022 “National Discussion on Sexual Assault and Sexual Harassment at America’s Colleges, Universities and Service Academies.” I joined Rear Admiral Rebecca Patterson, Keetah Salazar-Thompson, and Kelley Bonner on this panel. My brief handout for the conference is posted here.
• “The WBI Story: Drs. Ruth & Gary Namie” (July 2022) (link here) — I had the privilege of interviewing Drs. Ruth and Gary Namie, co-founders of the Workplace Bullying Institute and long-time colleagues and friends, about the history of their pioneering work to address workplace bullying. This program was part of Gary’s Workplace Bullying Podcast series.
• “The Hero’s Call: Workplace Bullying” (Sept. 2022) (link here) — Suffolk Law alumnus and trial attorney Marc Diller extended an invitation to appear on his law firm’s video web series, The Hero’s Call. Marc and his colleague, Dr. John Naranja, asked me about my work around workplace bullying, the anti-bullying Healthy Workplace Bill, and associated activities in the field of therapeutic jurisprudence.
• “The Dignity of an Intellectual Life for All” (Oct. 2022) (link here) — I organized and hosted an interactive discussion featuring Zena Hitz (tutor, St. John’s College and author, Lost in Thought: The Hidden Pleasures of an Intellectual Life (2020)), followed by a responsive panel of distinguished educators, including Joseph Coulson, Hilda Demuth-Lutze, Linda Hartling, and Amy Thomas Elder. Hosted by Suffolk University Law School and co-sponsored by the Basic Program in Liberal Education for Adults at the University of Chicago, Harrison Middleton University, and the World Dignity University initiative of Human Dignity and Humiliation Studies.

Popular 2022 posts

Image courtesy of citypng.com

Hello dear readers, and welcome to the New Year! I collected ten of the most popular 2022 posts on work-related themes. If you missed them earlier or would like to take another look, then here’s your chance to read them:

• “Gaslighting” is the Merriam-Webster 2022 “word of the year” (Dec. 2022) (link here)
• Watching “Gaslight” (1944): One viewer’s guide (Oct. 2022) (link here)
• Workplace bullying and mobbing: Annotated recommended book list for 2022 (Aug. 2022) (link here)
• We need to dig beneath generic references to “toxic workplaces” (Aug. 2022) (link here)
• “The Wire” as work primer (July 2022) (link here)
• The Amy Wax situation: On academic freedom, diversity & inclusion, workplace mobbing, and cancel culture (July 2022) (link here)
• Dr. Martha Stout on outsmarting sociopaths (including those at work) (June 2022) (link here)
• On disability bullying (March 2022) (link here)
• Bullying, mobbing, and incivility in the healthcare workplace (Feb. 2022) (link here)
• A degrading money grab for classroom supplies in South Dakota (Jan. 2022) (link here)

“The Hero’s Call”: An alumnus interviews me about workplace bullying

One of the most gratifying things that I experience as a law professor is when I can reconnect with a former student who has built a successful and positively impactful legal career. Such was the case recently, when Suffolk Law alumnus Marc Diller extended an invitation to appear on his law firm’s video web series, The Hero’s Call.

Marc’s law firm is devoted to personal injury law, built around the conviction that those who suffer harms because of someone’s negligent, reckless, or intentional behavior should be entitled to compensation for their losses. And I’m delighted to note that Marc himself has become a highly accomplished and respected trial attorney here in the Bay State.

When the pandemic emerged, his firm launched The Hero’s Call series to spotlight the work of folks who are working to safeguard and advocate for the health and safety of others. Marc and his colleague, Dr. John Naranja, interviewed me for The Hero’s Call about my work around workplace bullying and associated activities in the field of therapeutic jurisprudence. To watch the 24-minute interview, go here.

Anti-bullying Healthy Workplace Bill advances within Massachusetts Legislature

I’m pleased to report that here in Massachusetts, the anti-bullying Healthy Workplace Bill (HWB) has been reported favorably by the Joint Committee on Labor and Workforce Development of the state legislature. Having passed this important hurdle, the bill is now before the Senate Committee on Ways and Means. The HWB continues to be a key legislative priority for its lead sponsor, Sen. Paul Feeney (D-Bristol & Norfolk).

The HWB permits targets of severe workplace bullying to seek damages in court and creates liability-reducing incentives for employers to act preventively and responsively towards bullying behaviors at work.

The sausage grinder known as the legislative committee process has resulted in some cosmetic changes to the original bill. First, the bill has been renumbered. It is now Senate No. 2723 (formerly it was Senate No. 1200), and can be accessed here. Secondly, the bill has been streamlined, removing some of the introductory language, while retaining all core components of the original version filed last year, including a new, express provision covering online behavior.

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If you’re a Massachusetts resident and would like to see the HWB enacted into law, please contact your state senator and state representative and ask them to support Senate No. 2723. You may go here for contact information.

Also, please “like” our new Facebook page for the MA Healthy Workplace Bill, which you may access by clicking here.

Anti-bullying Healthy Workplace Bill reintroduced for 2021-22 session of Massachusetts Legislature

Here in the Bay State, State Senator Paul Feeney (D-Bristol & Norfolk) has just reintroduced workplace anti-bullying legislation known as the Healthy Workplace Bill (HWB) for the 2021-22 session of the Massachusetts Legislature (link here). The HWB permits targets of severe workplace bullying to seek damages in court and creates liability-reducing incentives for employers to act preventively and responsively towards bullying behaviors at work. The bill is currently designated as Senate docket no. 2426; a bill number will be assigned later.

The HWB has been steadily gaining support in the Massachusetts Legislature. During the 2019-20 session, over half of the elected state senators and representatives signed on as co-sponsors. Although the coronavirus pandemic put the HWB on hold for much of the remainder of that session, the strong support for the bill within the State House anticipates the day that this bill will eventually become law.

As the author of the core language of this legislation, I can attest that it fills a large gap in our current employment protections, while treating employers fairly. The bill filed by Senator Feeney is the latest full version of the HWB, which adds an express statement that online workplace abuse is covered — making explicit what was previously implicit in previous filings.

If you’re a Massachusetts resident and would like to see the HWB enacted into law, please contact your state senator and state representative and ask them to sign on as co-sponsors. You may go here for contact information.

Freedom from Workplace Bullies Week 2019: All in a week’s work

This is Freedom From Workplace Bullies Week, and here in Massachusetts, we’ve got some promising news to report: The Massachusetts Healthy Workplace Bill (Senate No. 1072, Sen. Paul Feeney, lead sponsor) has been reported favorably out of the Joint Committee on Labor and Workforce Development and is now before the Senate Committee on Ways and Means. Put simply, we’ve made an important step forward in the process of eventually enacting this bill. Thank you again to all of the advocates who are contacting their state legislators and helping to make this happen!

Later today, I’ll be hosting an event at Suffolk University Law School, “A Conversation about Workplace Bullying with Dr. Gary Namie,” featuring the foremost North American authority on workplace bullying. Gary and I will be discussing the past, present, and future of the ongoing movement to prevent, stop, and respond to workplace bullying, mobbing, and abuse.

This weekend, Gary will be facilitating a special edition of his world-class Workplace Bullying University intensive seminar for union leaders and activists, hosted by NAGE-SEIU, one of the major public sector labor unions that has been a primary supporter of the Healthy Workplace Bill.

And yesterday, I had the honor of giving the keynote address for the Boston Bar Association’s annual employment law conference. My talk was titled “Dignity at Work and Workplace Bullying: Roles for Employment and Labor Lawyers?” Although not formally part of the Freedom Week events, this gave me a welcomed opportunity to talk about workplace bullying to a group of Boston area labor and employment attorneys. In addition to discussing how lawyers representing both management and workers can address bullying at work in their practices, I presented the basics of the Healthy Workplace Bill and what its implications would be for employment litigation.

Tackling work abuse is an ongoing commitment that is shared with many other readers of this blog. So when I say that this is all in a week’s work, I know that many of you can relate. 

 

 

 

 

 

Freedom from Workplace Bullies Week, 2019: Dr. Gary Namie in Greater Boston

As I wrote back in June, we’re observing Freedom from Workplace Bullies Week 2019 here in Greater Boston with a visit from Dr. Gary Namie, co-founder of the Workplace Bullying Institute and one of the world’s leading authorities on workplace bullying. Gary will be in town for two events:

“A Conversation with Dr. Gary Namie,” Friday, October 18, 4:00-6:00 pm, Suffolk University Law School, Boston, MA — Join us to discuss the past, present, and future of the U.S. workplace anti-bullying movement with one of its originators. This event is free of charge, but because space is limited, please RSVP to my staff assistant, Trish McLaughlin, at tmclaughlin@suffolk.edu. Beverages and snacks will be provided. The event will be held at Suffolk University Law School’s Sargent Hall, 120 Tremont Street, 4th floor faculty dining room, in downtown Boston.

“Workplace Bullying University — Labor Union Edition,” Saturday, October 19 through Sunday, October 20, NAGE/SEIU Headquarters, Quincy, MA — Gary will be facilitating a special edition of his world-class training and education seminar, specially for labor union shop stewards and representatives, business agents, officers, and activists. Workplace Bullying University is an intensive, immersive, and interactive program that examines the dynamics of workplace bullying and what can be done to prevent and respond to it. The program’s host, NAGE/SEIU, has provided invaluable support and assistance in advocacy efforts to enact the Healthy Workplace Bill in Massachusetts. Their union headquarters is right outside of Boston. Go here for full information about registration.

I have participated in past Workplace Bullying University programs and can attest to the rich content and enlightening discussions that are core experiences of this seminar. If you want your union to be at the forefront of addressing issues with workplace bullying, abusive supervision, and the like, then I cannot imagine a better program to provide that foundation of understanding and knowledge.

Working notes as summer beckons

Briefing MA legislators, staffers, and interns on the Healthy Workplace Bill

Dear readers, with summer now officially here in Boston, I’m working away at various projects, initiatives, and events. In addition to writing a law review article, here is a sampling of what has been keeping me busy and drawing my attention during recent months and heading into summer:

Legislative briefing on MA Healthy Workplace Bill

Last Tuesday, we had a very successful briefing session on the Massachusetts Healthy Workplace Bill (Senate No. 1072, link here), with a full room of legislators, legislative staffers, and interns joining us at the State House. Jim Redmond, legislative agent for SEIU-NAGE, facilitated the briefing. Our lead sponsor, Senator Paul Feeney, spoke about the need for the HWB, and I gave a short presentation about the legal and policy mechanics that have informed my drafting of the bill. We had time for Q&A, which included added remarks by former SEIU president Greg Sorozan, a key leader behind labor efforts to address workplace bullying.

This coming Tuesday, June 25, the legislature’s Joint Committee on Labor and Workforce Development will hold a hearing on labor-related bills, including public testimony on the HWB (go here for info). We’ll be there in full force for that, as well.

Medium highlights the Healthy Workplace Bill campaign

We continue to advocate for workplace anti-bullying legislation on a national basis. Recently, for a piece in Medium titled “How to Outlaw the Office Bully” (link here), I shared this observation with writer Leigh Ann Carey:

“We are benefitting from a ripple effect from the #MeToo movement,” Yamada says. “The media headlines start with sexual harassment, but as you read deeper into the story you find out there’s a lot of generic bullying. These behaviors don’t occur in a vacuum. They hang together. Shouldn’t we be free of all this stuff by now?”

A Rome conference

A recurring educational highlight for me is the biennial International Congress on Law and Mental Health, sponsored by the International Academy for Law and Mental Health (IALMH). Thanks to the good graces of the IALMH, our International Society for Therapeutic Jurisprudence organizes a dedicated stream of panels specifically on therapeutic jurisprudence topics. The conference is a welcomed opportunity to share some of my own work and to attend panels featuring colleagues from around the world.

The next International Congress is scheduled for this July in Rome. I’ve organized two panels for the conference, both of which I’ll share more details later:

• A panel on “Bullying, Mobbing, and Harassment: Psychological Trauma and Civil Litigation.” I’ll be talking about the concept of “trauma points” in employment litigation, highlighting (1) the many points at which a plaintiff in an employment lawsuit must retell the narrative of an abusive work situation, leading to re-traumatization; and (2) the traumatizing nature of litigation itself, as a legal process. I’ll be building my talk around a prototypical racial harassment claim, drawn from real-life cases. 
• A panel on “Legislative Scholarship, Design, Advocacy, and Outcomes.” I’ll be examining how therapeutic jurisprudence principles should be applied to the development of public policy, referencing — among other things — the U.S. push for workplace anti-bullying legislation.

I’ve included in my travel schedule a few extra days for sightseeing, as I’ve never been to Rome and look forward to exploring it. But seriously, the conference is a draw in and of itself, as every time I come away from it enriched by the research, insights, and ideas offered by so many of my colleagues. It’s an intellectual treat, with real-world applications.

Blog planning

I’ve never been very systematic about planning entries to MTW, but I’d like to become a bit more focused in the future. Also, with some 1,700 pieces posted here since late 2008, and a lot of other folks entering the social media fray on topics such as workplace bullying, I’d like to spend more time updating past pieces and sharing relevant commentaries from other sites. This summer I’ll be implementing a monthly blogging schedule that looks something like this:

• A new and original post about workplace bullying, mobbing, and abuse;
• A post that collects and shares my revisions of, and updates to, some of the 1,700+ articles previously posted here;
• A post that collects and links to a variety of articles and resources relevant to work, workers, and workplaces, as well as broader, related topics of psychology, economics, and public affairs;
• A post on miscellaneous topics relevant to this blog.

I’m also going to consider ways in which educators might better access and use the material that I’ve posted here. This idea was planted by a review of this blog discussed below.

Finally, I’m posting more content to my new Facebook Page, especially links to interesting pieces and to relevant past blog posts. If you’re on Facebook, you may receive new postings by “liking” or “following” this link.

MTW receives positive review from educational resources site

MERLOT.org, a popular educational resources site devoted to sharing online materials that can be used for classroom purposes, has given Minding the Workplace a very positive peer review (link here). This is especially gratifying in view of the fact that MTW has not been necessarily designed for classroom use. Nevertheless, the reviewer saw the potential usefulness of MTW for classroom purposes. Here’s a snippet of that review:

The blog underscores workplace issues of enormous contemporary significance (e.g., diversity, bullying, toxic cultures) and provides a perspective that can deepen students’ understanding. The author of the blog is an expert in the subjects that the blog addresses. The blog is exceedingly well-written, well-informed, and professionally presented. Entries link out to a variety of newspapers and periodicals. The blog contains links to key organizations and scholarly articles that address workplace bullying, employee dignity, and employment law. 

The reviewer concluded that MTW is an “excellent resource for faculty and students who have an academic or professional interest in issues and challenges related to workplace culture.”

Legislative briefing for Massachusetts Healthy Workplace Bill, June 18

Draft of my briefing discussion for June 18

Advocacy on behalf of the anti-bullying Healthy Workplace Bill (Senate No. 1072, Sen. Paul Feeney, lead sponsor; link here) is revving up here in Massachusetts.

As I wrote here in June 6, the HWB will be among the bills discussed in a public hearing before the Joint Committee on Labor and Workforce Development, on Tuesday, June 25, starting at 1 pm. I will be joining other advocates in testifying in support of the bill. We have also prepared a packet of written testimony for distribution to committee members.

But wait, there’s more!

We also now have a special briefing on the HWB for Massachusetts legislators and staff members scheduled for this coming Tuesday, June 18, at 11:00 am in Room 222 of the MA State House. In that briefing, Senator Feeney will speak about the need for the HWB, and I will give a presentation about the legal and policy mechanics that have informed my drafting of the bill. This recent addition to our advocacy and public education efforts is due to the work of Sen. Feeney and the support of SEIU-NAGE and the Massachusetts Healthy Workplace Advocates.

We are building on the organizing successes of the new legislative session. With 107 of the 200 elected state representatives and senators signed on as co-sponsors of the HWB for the 2019-20 session, this is by far the strongest showing of support for the bill among the five full sessions in which it has been active.

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You may follow latest developments at the Massachusetts Healthy Workplace Advocates blog site (link here) and Facebook site (link here).