Bill Sponsors
J. Lombardi, Hull, Cruz, and Stewart
Committee
House Labor
Summary
Select
This legislation, cited as the "Workplace Psychological Safety Act," establishes a legal framework to protect employees from psychological abuse, bullying, and mobbing in the workplace. It defines "toxic work environments" and mandates that employers adopt prevention policies, conduct training, and perform annual anonymous workplace climate surveys. The bill allows employees to file complaints with the Department of Labor and Training or sue employers for damages, including lost wages and medical expenses. It also prohibits retaliation against those who report abuse and invalidates requirements for forced arbitration regarding these specific claims.
Sponsor
Analysis
Pros for Progressives
- Establishes psychological safety as a fundamental worker right, providing legal recourse for mental health injuries caused by abusive workplace hierarchies and toxic management practices.
- Prohibits employers from forcing employees into mediation or arbitration for these claims, ensuring that workers have access to the public court system and preventing companies from hiding abuse in private proceedings.
- Mandates transparency through annual reporting of complaints, turnover rates, and demographic data to government agencies, potentially exposing systemic discrimination and hostile work environments.
Cons for Progressives
- Includes an "affirmative defense" clause that may allow employers to evade liability if they can prove they had policies in place, potentially shielding corporations that check boxes without effecting cultural change.
- Relies on a "reasonable person" standard to define a toxic environment, which may not adequately account for the subjective experiences of neurodivergent individuals or marginalized groups who experience microaggressions.
- The extensive administrative and reporting requirements could place a disproportionate financial and logistical burden on small non-profits and community-based organizations with limited HR resources.
Pros for Conservatives
- Explicitly defines conduct that does not constitute abuse, protecting an employer's right to exercise authority, discipline employees with just cause, and assign duties to ensure business continuity.
- Provides an affirmative defense for employers who exercise reasonable care to prevent and correct behavior, offering protection to business owners who follow the rules and have proper procedures.
- Establishes a "reasonable person" standard for determining a toxic environment, helping to prevent frivolous lawsuits based solely on an employee's subjective over-sensitivity.
Cons for Conservatives
- Imposes significant regulatory burdens on private businesses by mandating annual climate surveys, specific internal policies, and extensive data reporting to government agencies.
- Creates a new category of liability that could lead to costly litigation, punitive damages, and attorney fees against business owners based on interpersonal workplace conflicts.
- Expands government oversight into private business operations by allowing state agencies to inspect workplaces and issue fines based on psychological conditions and social interactions.
Constitutional Concerns
There is a potential First Amendment risk regarding the definition of "psychological abuse," which includes "mentally provocative harassment." Opponents may argue this regulates speech based on subjective listener reaction rather than objective threats, potentially chilling protected workplace speech. However, the bill attempts to mitigate this by excluding standard management actions and utilizing a "reasonable person" standard. Due process concerns may also arise regarding the clarity of prohibited conduct.
Impact Overview
Groups Affected
- Employees
- Employers
- Human Resources Professionals
- Business Owners
- Labor Unions
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
Amount unknown
BillBuddy Impact Ratings
Importance
Measures population affected and overall level of impact.
Freedom Impact
Level of individual freedom impacted by the bill.
Public Services
How much the bill is likely to impact one or more public services.
Regulatory
Estimated regulatory burden imposed on the subject(s) of the bill.
Clarity of Bill Language
How clear the language of the bill is. Higher ambiguity equals a lower score.
Enforcement Provisions
Measures enforcement provisions and penalties for non-compliance (if applicable).
Environmental Impact
Impact the bill will have on the environment, positive or negative.
Privacy Impact
Impact the bill is likely to have on the privacy of individuals.
Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/15/2026 Introduced, referred to House Labor
Bill Text
SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS" is hereby amended by adding thereto the following chapter: CHAPTER 61 WORKPLACE PSYCHOLOGICAL SAFETY ACT
28-61-1. Short title.
This chapter shall be known and may be cited as the "Workplace Psychological Safety Act."
28-61-2. Public policy.
(a) This chapter sets forth a public policy acknowledging and addressing the relevance and importance of mental health as an integral aspect of human well-being, and therefore, employee well-being. This chapter also sets forth a public policy against any type of psychological abuse that:
(1) Violates an employee's right to a physically and psychologically safe work environment; and
(2) Injures an employee, hinders the performance of an employee, stigmatizes the employee, and/or undermines the dignity of the employee.
(b) This chapter declares and reasserts the obligation of employers to keep their employees and their work environment safe, as set forth in laws throughout the state and the federal government, including the Department of Labor Standards, a part of the Executive Office of Labor and Workforce Development, the U.S. Department of Labor and the U.S. Occupational Safety and Health Act, (OSHA) which includes psychological safety.
28-61-3. Purpose.
It is the purpose of this chapter to:
(1) Recognize and protect an employee's right, not only to a physically safe work environment but also to a psychologically safe work environment in the workplace.
(2) Recognize and promote an employer's responsibility to acknowledge, monitor, prevent, discourage, and adequately address issues of psychological abuse in the workplace.
(3) Provide legal incentive for employers to acknowledge, monitor, prevent, discourage, and adequately address issues of psychological abuse to eliminate such behaviors before they disrupt the safety of the work environment and/or cause subsequent harm to employees.
(4) Provide legal relief and remedy for employees, harmed psychologically, emotionally, physically, professionally, or economically by exposure to an unsafe, toxic work environment, including any subsequent damages to make the harmed employees whole.
28-61-4. Scope of application.
This chapter shall apply to all employees, regardless of the nature of their job.
28-61-5. Definitions.
For the purposes of this chapter, the terms used herein shall have the meanings set forth in this section:
(1) "Bullying" means interpersonal abuse that operates employee(s)-to-employee(s), especially superior(s) to subordinate(s).
(2) "Mobbing" means an interpersonal abuse system that operates employer-to- employee(s).
(3) "Psychological abuse" means mentally provocative harassment. Mistreatment that has the effect of hurting, weakening, confusing, or frightening a person mentally or emotionally causing harm and the impairment of a person's mental health, as established by competent evidence.
(4) "Psychological injury" means impairment of a person's mental health, as established by competent evidence and may manifest mentally, emotionally, or physically.
(5) "Psychologically safe work environment" means a work environment free of psychological abuse.
(6) "Physical injury" means impairment of a person's physical health or bodily integrity, as established by competent evidence and which may manifest mentally, emotionally, or physically.
(7) "Reasonable person" means an unbiased person who displays reason, fairness, caution, and care. LC003838 - Page 2 of 9
(8) ''Representative employee" means administrative employees in leadership and/or management positions, whose responsibility is to oversee and enforce organizational policies, including, but not limited to, CEOs, CFOs, presidents, vice presidents, executive directors, members of a board of directors, or employees employed in the areas of human resources, legal, or diversity, equity, and inclusion.
(9) "Third party" means a neutral person, with no prior affiliation with the parties.
(10) "Toxic work environment" means an intolerable employment condition, in which a reasonable person would find it difficult, uncomfortable, and/or an impossible environment to perform their workplace duties and tasks.
28-61-6. Employee right to dignity and a psychologically safe work environment.
Every employee shall have the right to a work environment that is safe and affords them the dignity, to which all human beings are entitled, free from all forms of psychological abuse.
28-61-7. Employer responsibility to provide safe work environments and ensure worker dignity.
Employers have a general duty to provide a safe work environment, free from all forms of abuse including psychological abuse. Employers have a general duty to ensure that all employees are treated respectfully and with dignity.
28-61-8. Prohibited activity.
(a) It shall be an unlawful employment practice for any employer or employee to engage in the psychological abuse of another employee, that creates a toxic work environment in which a reasonable person would find intolerable to perform their regular workplace duties and tasks, has the ability to cause injury, and/or jeopardizes future career prospects, without just cause. The determination of which shall be conducted from the view of a reasonable person, under the totality of the circumstances, its impact on the work environment of the employee, and/or its subsequent impact on the employee's well-being.
(b) It shall be an unlawful employment practice to retaliate in any manner against an employee, who has opposed any unlawful employment practices under this chapter, including, but not limited to, filing a claim internally or externally on behalf of oneself or another objecting to behavior in violation of this chapter, whether as an complainant, witness, or advocate.
(c) It shall be an unlawful employment practice to require any complainant under this chapter, to enter into mediation or forced arbitration.
(d) Conduct that does not constitute psychological abuse includes, but is not limited to:
(1) Acts intended to exercise a supervisor's authority to discipline with just cause and conducted in a progressive disciplinary manner, in compliance with policies and laws; LC003838 - Page 3 of 9
(2) Demands for protecting the confidentiality of the services provided by the employer;
(3) The formulation or promulgation of regulations or memoranda to direct the operations, maximize efficiency, and evaluate employees' performance, based on the general objectives of the employer;
(4) The temporary assignment of additional duties when necessary to ensure the continuity of services;
(5) Administrative actions directed to the completion of an employment agreement, with cause; and
(6) Employer's affirmative actions to enforce the provisions of a human resources regulation, clauses of employment agreements, or obligations, duties, and prohibitions established by law.
(e) Concerted activity/Section 7 activity under the National Labor Relations Act, as interpreted by the National Labor Relations Board, shall not be construed as psychological abuse.
28-61-9. Procedure.
(a) Every employer shall be responsible for taking all reasonable measures to acknowledge, monitor, prevent, discourage, and adequately address incidents of psychological abuse.
(b) Within one hundred eighty (180) days of the effective date of this chapter, every employer shall:
(1) Adopt and implement preventive controls and detective controls to include internal policies against psychological abuse, including anti-retaliation policies, consistent with this chapter. Policies should include a broad reporting procedure, including formal and informal reporting methods.
(2) Notify and train all managers, supervisors, and other representative employees as to handling complaints of psychologically abusive behavior, including the employer's reporting provisions and policies to acknowledge, monitor, prevent, discourage and adequately address all such complaints.
(3) Post employees' rights under this chapter and employer reporting policies, in such a manner that all employees have access, including on the website, bulletin boards, job descriptions, and in applicable promotional materials.
(4) Implement and uphold an effective anti-retaliation provision, that guarantees no retaliation against any employee, who has opposed any unlawful practice in a complaint under this chapter.
(5) Implement an investigation policy for all complaints of psychologically abusive behavior, which includes notice provisions for complainant, regarding the status, completion, and LC003838 - Page 4 of 9 outcome of the complaint and imposes a policy of progressive discipline for any employee determined to have engaged in psychologically abusive behavior.
(6) Apply evaluation and discipline processes evenly and fairly to all employees.
(7) Annually perform an anonymous workplace climate survey, with its results to be annually submitted to OSHA for private sector employers and the department of labor and training for public sector employers.
(8) Report annually the number of employee complaints of abusive behavior, employee disciplines, workers' compensation claims, absenteeism rates, stress leave rates, attrition rates, discrimination complaints, investigation rates, follow up action rates, the workforce gender and racial makeup, and de-identified wage and salary data by protected category to OSHA for private sector employers and the department of labor and training for public sector employers, who shall make this information publicly available, at a minimum under the federal Freedom of Information Act, 5 U.S.C. § 552.
(c) If the employer proves to have exercised reasonable care to prevent and promptly correct the conduct, such employer shall be held harmless, from any claim under the provisions of this chapter.
(d) The aggrieved employee shall have the following options to notify the employer of the complaint, without use of the employer's protocol:
(1) File a complaint which the employer will not receive a copy of the complaint until there is litigation, that discloses the complainant's identity directly to the department of labor and training. The department shall:
(i) Evaluate the conditions described in the complaint.
(ii) If it is determined that the complaint describes a potential violation, assign the case to an inspector.
(iii) Contact the employer in writing and require the employer to respond by a due date, with proof that the hazard has been corrected; or make an appointment for a site visit prioritized, according to the nature of the hazard; or phone or visit the workplace the same day, if there is imminent danger and issue fines and/or penalties, including legal action, to violators.
(iv) Make violations of this chapter available to the public per the Freedom of Information Act, redacting all private information as to the aggrieved employee, including their name to protect their privacy and not interfere with future job prospects.
(v) If applicable, forward the complaint to another agency with jurisdiction including OSHA for private sector employees.
(vi) Collect and maintain data on the effectiveness of this chapter, as determined by a LC003838 - Page 5 of 9 decrease in employees self-reporting experiencing psychological abuse at work.
(2) File suit against the employer for violation(s) of this chapter, directly through the judicial branch.
28-61-10. Employer liability.
Any employer that allows, engages in, or promotes psychological abuse, whereby creating a toxic work environment, shall be liable to the affected employee(s).
Every employer shall:
(1) Be liable for failing to take the appropriate measures to provide employees with a psychologically safe work environment, as outlined in this chapter.
(2) Be liable for engaging in any violation of this chapter.
(3) Be liable for any damages, including economic, compensatory, and punitive damages, to any employee who has been subjected to work in a toxic work environment, as outlined in this chapter in the scope of their employment, unless the employer can demonstrate they have met all elements of the affirmative defense provided in § 28-61-12. An employee is entitled to recover the greater of all actual damages or five thousand dollars ($5,000) for each violation of this chapter.
(4) If not prevailing, be liable for the plaintiff's reasonable attorneys' and witnesses' fees and costs.
28-61-11. Scope of the protection.
(a) Any person who reports psychological abuse, shall be protected by this chapter.
(b) No person shall aid, abet, incite, compel, or coerce the doing of an act forbidden under this chapter or to attempt to do so.
(c) No employer shall terminate, sanction, mislead, coerce, intimidate, threaten, interfere with, discriminate against, or otherwise retaliate against any person in the opposition of unlawful employment practices or exercise of any right under this chapter, including, but not limited to, an employee as to the terms, conditions, compensation, location, benefits, or privileges of employment because the employee or witness offers or attempts to offer, verbally or in writing, any testimony, statement, information, or claim to a labor union, human resources office, employer office, legislative, administrative, or judicial forum, or any other internal or external office or otherwise engages in any other reasonable participation in a claim under this chapter, insofar as such statements constitute a disclosure of privileged information, as provided by law.
(d) The employee shall show proof of the violation through direct and circumstantial evidence.
(e) The employee may establish a prima facie case of violation of the law, by proving that the employee reported an incident of workplace psychological abuse and was subsequently LC003838 - Page 6 of 9 terminated, threatened, or discriminated against in their employment. Once the prima facie case is established, the employer may allege and provide a legitimate and nondiscriminatory ground for the termination. If the employer alleges and provides such grounds, the employee shall show that the grounds alleged by the employer were a mere pretext for termination.
28-61-12. Affirmative defense.
(a) An employer may establish an affirmative defense to psychological abuse under this chapter, where the employer took all steps outlined in this chapter to acknowledge, monitor, prevent, discourage, and adequately address the issues and complaints surrounding allegations of psychological abuse and exercised reasonable care to prevent and promptly correct any violation in this chapter or acted with just cause.
(b) This chapter requires employers to take all reasonable necessary steps to adequately address complaints of psychological abuse, an employer shall not be exempt from liability if the employer or its representative employees or supervisors knew or should have known of said conduct and failed to acknowledge, monitor, prevent, discourage, or address the allegations of psychological abuse and promptly correct the situation.
(c) The affirmative defense specified in subsection (a) of this section shall not be available when the employer or its representative employees or supervisors engage in prohibited conduct.
28-61-13. Remedies.
(a) Complainants who prove a violation of this chapter, shall be entitled to all remedies necessary to make such complainants whole.
(b) In ordering a remedy or judgment the court may consider:
(1) The extent or pervasiveness of the toxic atmosphere of the work environment;
(2) Whether the defendant has acknowledged or apologized for the conduct; and
(3) Whether the employer has instituted corrective training and/or discipline for violations of this chapter.
(c) The court may order on behalf of the prevailing plaintiff:
(1) Reinstatement of work;
(2) Economic damages for lost wages;
(3) Expenses related to treatment related to the psychological abuse, including future medical expenses for psychological injury or resulting physical injury;
(4) Compensable damages to compensate for the resulting pain and suffering and emotional and psychological damages;
(5) Punitive damages to deter future acts of psychological abuse;
(6) Injunctive relief, whereby the court may enjoin the defendant from engaging in the LC003838 - Page 7 of 9 unlawful employment practice;
(7) Public notification of the case outcome, without disclosing the plaintiff's name, if desired by the plaintiff;
(8) Attorneys' fees for the prevailing plaintiff; and
(9) Any other relief deemed appropriate, including restorative measures, including modification of the disciplinary record of the employee and/or organizational training.
28-61-14. Statute of limitations.
Any person who has a cause of action under the provisions of this chapter, shall have the later of a period of three (3) years to file said cause of action from the last alleged psychologically abusive behavior from the employee with OSHA, or the department of labor and training (DLT), or a private cause of action. If a claimant files a complaint with OSHA or DLT, the statute of limitations for filing a private cause of action is tolled until final action or determination is made by OSHA or DLT.
28-61-15. Severability clause.
If any clause, paragraph, subparagraph, article, provision, section, or part of this chapter are held to be unconstitutional or void, the holding to that effect shall not affect, impair, or invalidate the remainder of this chapter. The effect of said holding shall be limited solely to the clause, paragraph, subparagraph, article, provision, section, or part thereof thus held to be unconstitutional or void.
28-61-16. Conflict with laws.
(a) Nothing in this chapter should limit employee rights under any other law including OSHA, laws under state-level OSHA agencies or their equivalent, Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, state EEO laws, the National Labor Relations Act (NLRA), and state labor rights laws.
(b) Nothing in this chapter shall restrict workers from negotiating broader protections through collective bargaining or other concerted activity.
SECTION 2. This act shall take effect upon passage.
28-61-1. Short title.
This chapter shall be known and may be cited as the "Workplace Psychological Safety Act."
28-61-2. Public policy.
(a) This chapter sets forth a public policy acknowledging and addressing the relevance and importance of mental health as an integral aspect of human well-being, and therefore, employee well-being. This chapter also sets forth a public policy against any type of psychological abuse that:
(1) Violates an employee's right to a physically and psychologically safe work environment; and
(2) Injures an employee, hinders the performance of an employee, stigmatizes the employee, and/or undermines the dignity of the employee.
(b) This chapter declares and reasserts the obligation of employers to keep their employees and their work environment safe, as set forth in laws throughout the state and the federal government, including the Department of Labor Standards, a part of the Executive Office of Labor and Workforce Development, the U.S. Department of Labor and the U.S. Occupational Safety and Health Act, (OSHA) which includes psychological safety.
28-61-3. Purpose.
It is the purpose of this chapter to:
(1) Recognize and protect an employee's right, not only to a physically safe work environment but also to a psychologically safe work environment in the workplace.
(2) Recognize and promote an employer's responsibility to acknowledge, monitor, prevent, discourage, and adequately address issues of psychological abuse in the workplace.
(3) Provide legal incentive for employers to acknowledge, monitor, prevent, discourage, and adequately address issues of psychological abuse to eliminate such behaviors before they disrupt the safety of the work environment and/or cause subsequent harm to employees.
(4) Provide legal relief and remedy for employees, harmed psychologically, emotionally, physically, professionally, or economically by exposure to an unsafe, toxic work environment, including any subsequent damages to make the harmed employees whole.
28-61-4. Scope of application.
This chapter shall apply to all employees, regardless of the nature of their job.
28-61-5. Definitions.
For the purposes of this chapter, the terms used herein shall have the meanings set forth in this section:
(1) "Bullying" means interpersonal abuse that operates employee(s)-to-employee(s), especially superior(s) to subordinate(s).
(2) "Mobbing" means an interpersonal abuse system that operates employer-to- employee(s).
(3) "Psychological abuse" means mentally provocative harassment. Mistreatment that has the effect of hurting, weakening, confusing, or frightening a person mentally or emotionally causing harm and the impairment of a person's mental health, as established by competent evidence.
(4) "Psychological injury" means impairment of a person's mental health, as established by competent evidence and may manifest mentally, emotionally, or physically.
(5) "Psychologically safe work environment" means a work environment free of psychological abuse.
(6) "Physical injury" means impairment of a person's physical health or bodily integrity, as established by competent evidence and which may manifest mentally, emotionally, or physically.
(7) "Reasonable person" means an unbiased person who displays reason, fairness, caution, and care. LC003838 - Page 2 of 9
(8) ''Representative employee" means administrative employees in leadership and/or management positions, whose responsibility is to oversee and enforce organizational policies, including, but not limited to, CEOs, CFOs, presidents, vice presidents, executive directors, members of a board of directors, or employees employed in the areas of human resources, legal, or diversity, equity, and inclusion.
(9) "Third party" means a neutral person, with no prior affiliation with the parties.
(10) "Toxic work environment" means an intolerable employment condition, in which a reasonable person would find it difficult, uncomfortable, and/or an impossible environment to perform their workplace duties and tasks.
28-61-6. Employee right to dignity and a psychologically safe work environment.
Every employee shall have the right to a work environment that is safe and affords them the dignity, to which all human beings are entitled, free from all forms of psychological abuse.
28-61-7. Employer responsibility to provide safe work environments and ensure worker dignity.
Employers have a general duty to provide a safe work environment, free from all forms of abuse including psychological abuse. Employers have a general duty to ensure that all employees are treated respectfully and with dignity.
28-61-8. Prohibited activity.
(a) It shall be an unlawful employment practice for any employer or employee to engage in the psychological abuse of another employee, that creates a toxic work environment in which a reasonable person would find intolerable to perform their regular workplace duties and tasks, has the ability to cause injury, and/or jeopardizes future career prospects, without just cause. The determination of which shall be conducted from the view of a reasonable person, under the totality of the circumstances, its impact on the work environment of the employee, and/or its subsequent impact on the employee's well-being.
(b) It shall be an unlawful employment practice to retaliate in any manner against an employee, who has opposed any unlawful employment practices under this chapter, including, but not limited to, filing a claim internally or externally on behalf of oneself or another objecting to behavior in violation of this chapter, whether as an complainant, witness, or advocate.
(c) It shall be an unlawful employment practice to require any complainant under this chapter, to enter into mediation or forced arbitration.
(d) Conduct that does not constitute psychological abuse includes, but is not limited to:
(1) Acts intended to exercise a supervisor's authority to discipline with just cause and conducted in a progressive disciplinary manner, in compliance with policies and laws; LC003838 - Page 3 of 9
(2) Demands for protecting the confidentiality of the services provided by the employer;
(3) The formulation or promulgation of regulations or memoranda to direct the operations, maximize efficiency, and evaluate employees' performance, based on the general objectives of the employer;
(4) The temporary assignment of additional duties when necessary to ensure the continuity of services;
(5) Administrative actions directed to the completion of an employment agreement, with cause; and
(6) Employer's affirmative actions to enforce the provisions of a human resources regulation, clauses of employment agreements, or obligations, duties, and prohibitions established by law.
(e) Concerted activity/Section 7 activity under the National Labor Relations Act, as interpreted by the National Labor Relations Board, shall not be construed as psychological abuse.
28-61-9. Procedure.
(a) Every employer shall be responsible for taking all reasonable measures to acknowledge, monitor, prevent, discourage, and adequately address incidents of psychological abuse.
(b) Within one hundred eighty (180) days of the effective date of this chapter, every employer shall:
(1) Adopt and implement preventive controls and detective controls to include internal policies against psychological abuse, including anti-retaliation policies, consistent with this chapter. Policies should include a broad reporting procedure, including formal and informal reporting methods.
(2) Notify and train all managers, supervisors, and other representative employees as to handling complaints of psychologically abusive behavior, including the employer's reporting provisions and policies to acknowledge, monitor, prevent, discourage and adequately address all such complaints.
(3) Post employees' rights under this chapter and employer reporting policies, in such a manner that all employees have access, including on the website, bulletin boards, job descriptions, and in applicable promotional materials.
(4) Implement and uphold an effective anti-retaliation provision, that guarantees no retaliation against any employee, who has opposed any unlawful practice in a complaint under this chapter.
(5) Implement an investigation policy for all complaints of psychologically abusive behavior, which includes notice provisions for complainant, regarding the status, completion, and LC003838 - Page 4 of 9 outcome of the complaint and imposes a policy of progressive discipline for any employee determined to have engaged in psychologically abusive behavior.
(6) Apply evaluation and discipline processes evenly and fairly to all employees.
(7) Annually perform an anonymous workplace climate survey, with its results to be annually submitted to OSHA for private sector employers and the department of labor and training for public sector employers.
(8) Report annually the number of employee complaints of abusive behavior, employee disciplines, workers' compensation claims, absenteeism rates, stress leave rates, attrition rates, discrimination complaints, investigation rates, follow up action rates, the workforce gender and racial makeup, and de-identified wage and salary data by protected category to OSHA for private sector employers and the department of labor and training for public sector employers, who shall make this information publicly available, at a minimum under the federal Freedom of Information Act, 5 U.S.C. § 552.
(c) If the employer proves to have exercised reasonable care to prevent and promptly correct the conduct, such employer shall be held harmless, from any claim under the provisions of this chapter.
(d) The aggrieved employee shall have the following options to notify the employer of the complaint, without use of the employer's protocol:
(1) File a complaint which the employer will not receive a copy of the complaint until there is litigation, that discloses the complainant's identity directly to the department of labor and training. The department shall:
(i) Evaluate the conditions described in the complaint.
(ii) If it is determined that the complaint describes a potential violation, assign the case to an inspector.
(iii) Contact the employer in writing and require the employer to respond by a due date, with proof that the hazard has been corrected; or make an appointment for a site visit prioritized, according to the nature of the hazard; or phone or visit the workplace the same day, if there is imminent danger and issue fines and/or penalties, including legal action, to violators.
(iv) Make violations of this chapter available to the public per the Freedom of Information Act, redacting all private information as to the aggrieved employee, including their name to protect their privacy and not interfere with future job prospects.
(v) If applicable, forward the complaint to another agency with jurisdiction including OSHA for private sector employees.
(vi) Collect and maintain data on the effectiveness of this chapter, as determined by a LC003838 - Page 5 of 9 decrease in employees self-reporting experiencing psychological abuse at work.
(2) File suit against the employer for violation(s) of this chapter, directly through the judicial branch.
28-61-10. Employer liability.
Any employer that allows, engages in, or promotes psychological abuse, whereby creating a toxic work environment, shall be liable to the affected employee(s).
Every employer shall:
(1) Be liable for failing to take the appropriate measures to provide employees with a psychologically safe work environment, as outlined in this chapter.
(2) Be liable for engaging in any violation of this chapter.
(3) Be liable for any damages, including economic, compensatory, and punitive damages, to any employee who has been subjected to work in a toxic work environment, as outlined in this chapter in the scope of their employment, unless the employer can demonstrate they have met all elements of the affirmative defense provided in § 28-61-12. An employee is entitled to recover the greater of all actual damages or five thousand dollars ($5,000) for each violation of this chapter.
(4) If not prevailing, be liable for the plaintiff's reasonable attorneys' and witnesses' fees and costs.
28-61-11. Scope of the protection.
(a) Any person who reports psychological abuse, shall be protected by this chapter.
(b) No person shall aid, abet, incite, compel, or coerce the doing of an act forbidden under this chapter or to attempt to do so.
(c) No employer shall terminate, sanction, mislead, coerce, intimidate, threaten, interfere with, discriminate against, or otherwise retaliate against any person in the opposition of unlawful employment practices or exercise of any right under this chapter, including, but not limited to, an employee as to the terms, conditions, compensation, location, benefits, or privileges of employment because the employee or witness offers or attempts to offer, verbally or in writing, any testimony, statement, information, or claim to a labor union, human resources office, employer office, legislative, administrative, or judicial forum, or any other internal or external office or otherwise engages in any other reasonable participation in a claim under this chapter, insofar as such statements constitute a disclosure of privileged information, as provided by law.
(d) The employee shall show proof of the violation through direct and circumstantial evidence.
(e) The employee may establish a prima facie case of violation of the law, by proving that the employee reported an incident of workplace psychological abuse and was subsequently LC003838 - Page 6 of 9 terminated, threatened, or discriminated against in their employment. Once the prima facie case is established, the employer may allege and provide a legitimate and nondiscriminatory ground for the termination. If the employer alleges and provides such grounds, the employee shall show that the grounds alleged by the employer were a mere pretext for termination.
28-61-12. Affirmative defense.
(a) An employer may establish an affirmative defense to psychological abuse under this chapter, where the employer took all steps outlined in this chapter to acknowledge, monitor, prevent, discourage, and adequately address the issues and complaints surrounding allegations of psychological abuse and exercised reasonable care to prevent and promptly correct any violation in this chapter or acted with just cause.
(b) This chapter requires employers to take all reasonable necessary steps to adequately address complaints of psychological abuse, an employer shall not be exempt from liability if the employer or its representative employees or supervisors knew or should have known of said conduct and failed to acknowledge, monitor, prevent, discourage, or address the allegations of psychological abuse and promptly correct the situation.
(c) The affirmative defense specified in subsection (a) of this section shall not be available when the employer or its representative employees or supervisors engage in prohibited conduct.
28-61-13. Remedies.
(a) Complainants who prove a violation of this chapter, shall be entitled to all remedies necessary to make such complainants whole.
(b) In ordering a remedy or judgment the court may consider:
(1) The extent or pervasiveness of the toxic atmosphere of the work environment;
(2) Whether the defendant has acknowledged or apologized for the conduct; and
(3) Whether the employer has instituted corrective training and/or discipline for violations of this chapter.
(c) The court may order on behalf of the prevailing plaintiff:
(1) Reinstatement of work;
(2) Economic damages for lost wages;
(3) Expenses related to treatment related to the psychological abuse, including future medical expenses for psychological injury or resulting physical injury;
(4) Compensable damages to compensate for the resulting pain and suffering and emotional and psychological damages;
(5) Punitive damages to deter future acts of psychological abuse;
(6) Injunctive relief, whereby the court may enjoin the defendant from engaging in the LC003838 - Page 7 of 9 unlawful employment practice;
(7) Public notification of the case outcome, without disclosing the plaintiff's name, if desired by the plaintiff;
(8) Attorneys' fees for the prevailing plaintiff; and
(9) Any other relief deemed appropriate, including restorative measures, including modification of the disciplinary record of the employee and/or organizational training.
28-61-14. Statute of limitations.
Any person who has a cause of action under the provisions of this chapter, shall have the later of a period of three (3) years to file said cause of action from the last alleged psychologically abusive behavior from the employee with OSHA, or the department of labor and training (DLT), or a private cause of action. If a claimant files a complaint with OSHA or DLT, the statute of limitations for filing a private cause of action is tolled until final action or determination is made by OSHA or DLT.
28-61-15. Severability clause.
If any clause, paragraph, subparagraph, article, provision, section, or part of this chapter are held to be unconstitutional or void, the holding to that effect shall not affect, impair, or invalidate the remainder of this chapter. The effect of said holding shall be limited solely to the clause, paragraph, subparagraph, article, provision, section, or part thereof thus held to be unconstitutional or void.
28-61-16. Conflict with laws.
(a) Nothing in this chapter should limit employee rights under any other law including OSHA, laws under state-level OSHA agencies or their equivalent, Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, state EEO laws, the National Labor Relations Act (NLRA), and state labor rights laws.
(b) Nothing in this chapter shall restrict workers from negotiating broader protections through collective bargaining or other concerted activity.
SECTION 2. This act shall take effect upon passage.