Why We Need A Law
Cruelty at work should not be legal. Employers should not have the right to stomp workers into the ground. The Healthy Workplace Bill is about human dignity at work. It's about the right to be let alone to do your job and earn a living — without being bullied or mistreated.
The Healthy Workplace Bill fills a huge gap in the law. Right now, it's perfectly legal for a boss to treat a worker with severe cruelty and for the employer to escape responsibility for it. In fact, when employers are made aware of bullying situations, 60% of the time they either ignore the complaint or make the situation worse.
The Healthy Workplace Bill
Massachusetts has joined the race to become the first state in the union to enact the Healthy Workplace Bill, legislation that provides targets of severe workplace bullying with a legal cause of action.
State Senator and Assistant Majority Leader Joan Menard (D-1st Bristol & Plymouth) has filed the Healthy Workplace Bill, titled “An Act addressing workplace bullying, mobbing, and harassment, without regard to protected class status,” and designated as Senate Bill No. 699.
The Healthy Workplace Bill creates a legal claim for bullying targets who can establish that they were subjected to malicious, health-harming behavior. It also provides defenses for employers who act preventively and responsively with regard to bullying and includes provisions to discourage frivolous claims.
A pdf file containing Senate No. 699 can be downloaded from: http://www.mass.gov/legis/bills/senate/186/st00/st00699.htm.
The Massachusetts Healthy Workplace Advocates Bill had a successful legislative hearing on Wednesday, January 27. Individuals spoke at the hearing and/or submitted written testimony and letters of support. Many thanks to David Yamada, Greg Sorozan, and SEIU/NAGE for their tireless efforts and continued leadership on this bill.
How To Support the Healthy Workplace Bill
What's already happened in 2009 + 2010:
- Senator Joan M. Menard, a Senate leader, sponsored this bill.
- The union SEIU/NAGE formally supported this bill.
- The Healthy Workplace Advocates spoke at a legislative hearing of the Joint Committee on Labor and Workforce Development on January 27, 2010.
What needs to happen next in order for the bill to become law:
- The bill can move onto the Ways and Means Committee.
- The Ways and Means Committee reviews the bill and looks at the bill's financial impact.
- If approved, the bill moves onto the Steering Policy and Scheduling Committee.
- If approved, the bill moves into readings in the House of Respresentatives.
- If approved, the bill moves onto the Engrossment Committee at the third reading.
- If approved, the bill moves onto the House Chamber and the House Ways and Means.
- The bill gets enacted by the legislature.
- The bill gets signed by the governor. Sixty days after the governor's signature, the bill becomes law.
Here's how you can help, in order of effectiveness:
1. Contact your state senator and/or representative and urge him/her to support Senate Bill No. 699. Ask if they are willing to support the bill and if you can schedule a meeting with your senator or rep to explain your personal story. Report the response to info@mahealthyworkplace.com.
Download the letter template.
2. If you are a member of a group that might consider endorsing the Healthy Workplace Bill, please reach out to the group about its possible support.
3. If you know a target of severe workplace bullying who was unable to pursue a legal claim because of the inadequacy in current law who would be willing to testify at a legislative hearing or otherwise share his/her story, e-mail david_yamada@yahoo.com.
4. Pass around the Massachusetts Healthy Workplace Bill Fact Sheet or send this link to those who have experienced or witnessed workplace bullying.
Color version (also copies in black + white)
5. Join the Facebook group or follow us on Twitter for updates on the progress of this bill.
6. Sign up for the Massachusetts Workplace Bullying Law e-newsletter. E-mail info@mahealthyworkplace.com.
7. Sign the online petition.
The Movement To Support the Workplace Bullying Law
In recent years, healthy workplace advocate groups from sixteen U.S. states have supported anti-bullying legislation.
Find out how groups in other states are making a difference:
California
Connecticut
Maryland
New York
Vermont