Bill Sponsors
J. Lombardi, Hull, Sanchez, Cruz, and Potter
Committee
House Labor
Summary
Select
This bill makes workplace bullying illegal for companies with 15 or more employees. It defines bullying as severe or pervasive conduct that creates a hostile work environment and interferes with an employee's job. Employers must create anti-bullying policies, train staff, and thoroughly investigate complaints. The bill bans mandatory arbitration and non-disclosure agreements for bullying complaints, and protects employees from retaliation. It also allows employees to sue their employers or coworkers for bullying, seeking compensation, punitive damages, and attorney's fees.
Sponsor
Analysis
Pros for Progressives
- Gives workers legal recourse against abusive work environments without having to prove the abuse was based on a protected class (like race or gender), significantly expanding worker protections.
- Bans non-disclosure agreements (NDAs) and mandatory arbitration for bullying complaints, ensuring transparency and preventing corporations from silencing victims.
- Includes strong anti-retaliation protections and mandates that at-fault employers pay the legal fees of successful plaintiffs, making it easier for low-income workers to afford legal representation.
Cons for Progressives
- Exempts small businesses with fewer than 15 employees, leaving vulnerable workers at smaller companies completely unprotected from workplace bullying.
- Requires the bullying to meet a "severe or pervasive" standard, which is historically a high legal bar that can make it difficult for victims of systemic but subtle abuse to win their cases.
- Places the burden on the employee to initiate a private lawsuit to enforce their rights, which can be emotionally taxing and difficult to navigate for disadvantaged workers.
Pros for Conservatives
- Exempts small businesses with fewer than 15 employees, protecting mom-and-pop shops from the regulatory burden of drafting new policies and facing potential litigation.
- Explicitly states that isolated incidents, expressions of disagreement, and constructive feedback are not considered bullying, protecting managers' ability to direct their workforce and critique performance.
- Provides an affirmative defense for employers who take prompt, good-faith steps to address alleged bullying, giving proactive businesses a shield against liability.
Cons for Conservatives
- Creates a new avenue for employees to sue businesses, potentially leading to frivolous lawsuits, increased insurance premiums, and high legal costs for employers.
- Imposes new government mandates on businesses, requiring them to draft specific policies, conduct training, and maintain detailed records of complaints, which increases regulatory burdens.
- Restricts corporate freedom of contract by explicitly banning the use of non-disclosure agreements (NDAs) and mandatory arbitration clauses in employment contracts.
Constitutional Concerns
The bill prohibits employers from offering non-disclosure or non-disparagement agreements (NDAs). While states often regulate employment contracts, outright bans on voluntary NDAs could face freedom of contract challenges. Additionally, defining "bullying" as "degrading" or "dehumanizing" conduct could be challenged for vagueness or overbreadth under the First Amendment, as it restricts workplace speech and relies heavily on subjective interpretation.
Impact Overview
Groups Affected
- Employees
- Employers with 15 or more employees
- Independent contractors
- Human resources professionals
- Labor attorneys
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
None
BillBuddy Impact Ratings
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Regulatory
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Environmental Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 05/01/2026 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. Purpose.
It is the purpose of this chapter to ensure the psychological safety of employees and/or the work environment without regard to protected class status by holding employers accountable for bullying conduct.
28-61-2. Definitions.
For the purposes of this chapter, the following words and phrases shall have the following meanings:
(1) “Employee” means any person who renders services to an employer, contractor, or any other entity and receives compensation for those services, including full- and part-time paid employees, temporary employees, contracted employees, and independent contractors.
(2) “Employer” means a person or entity of any size who obtains services from a full- or part-time paid employee, temporary employee, contracted employee, or independent contractor and hires at least one employee for any compensation. This chapter applies to employers with a minimum of fifteen (15) employees only.
(3) “Representative employee” means an employee in a leadership, management, or legal position whose responsibility is to advise on, oversee, and/or enforce organizational policies.
28-61-3. Workplace bullying regulation.
(a) Workplace bullying shall be unlawful. Workplace bullying is unwelcome, degrading, and dehumanizing conduct, that is severe or pervasive enough to create a work environment that a reasonable person would consider threatening, hostile, or abusive and that unreasonably interferes with the target’s ability to perform job duties. Conduct may include false accusations, sabotage of work performance, consistent ignoring or ostracism, removal of major responsibilities, consistent unreasonable workloads, excessive monitoring, consistent micromanagement, persistent hypercriticism, impossible deadlines, pressure to engage in unethical behavior or give up rights or benefits, retaliation for speaking up, or repeated verbal abuse. Isolated, minor incidents, expressions of disagreement, and constructive feedback are not bullying unless they meet the severe or pervasive standard. Workplace bullying may be perpetrated by one or more persons. Workplace bullying is found by a review of the totality of the circumstances including, but not limited to, the nature, frequency, and duration of the conduct.
(b) Employers and representative employees shall take all reasonable preventative and responsive measures to provide safe work environments free from bullying by:
(1) Acknowledging and responding to complaints of bullying within a reasonable time frame appropriate to the level of urgency;
(2) Providing and executing a transparent, timely complaint process that includes a legitimate, fair, fact-finding investigation and the issuance of timely and accurate reports of findings;
(3) Providing and executing a transparent disciplinary process according to the severity of the offense within a reasonable time frame, if applicable including, but not limited to: coaching, counseling, a warning, or other disciplinary action, including removal of supervisory duties and/or termination;
(4) Maintaining accurate records of complaints, findings, and discipline;
(5) Writing, distributing, posting, and otherwise providing a written preventative policy against all forms of bullying, to include an anti-retaliation policy and an identification and description of all reporting methods, consistent with this section and all other laws within ninety (90) days. Such policies shall be distributed to employees on a regular basis; and
(6) Training all employees on such preventative and reporting policies. It shall be considered an affirmative defense for an employer to take prompt, good-faith steps to address alleged bullying with a threshold of evidence. LC006390 - Page 2 of 5
(c) It shall be unlawful for an employer or representative employee to:
(1) Mandate mediation and/or arbitration of a bullying complaint prior to the employee’s retaining of counsel. Voluntary mediation with both parties’ consent may be permitted only when employees understand their rights before entering mediation and can consult with legal aid organizations if they cannot afford an attorney. Employers shall be prohibited from requiring arbitration as a condition of employment or filing a complaint;
(2) Mandate, offer, or use a non-disclosure or non-disparagement agreement related to a bullying complaint; and/or
(3) Engage in an adverse employment action. An adverse employment action occurs when an employee opposes an unlawful employment practice and/or exercises a right under this section and is then the target of forced resignation, termination, demotion, unfavorable reassignment, failure to promote, disciplinary action, reduction in compensation, constructive discharge, or a similar action.
(d) A violation or violations of any provisions of this section can be enforced by a private right of action against an individual employee and/or employer in violation of this chapter.
28-61-4. Damages.
(a) Complainants who prove a violation of § 28-61-3 or any of its subsections or divisions thereof shall be entitled to all remedies necessary to make such complainants whole. Remedies shall include, but not be limited to:
(1) Compensatory damages to include economic (back pay and front pay and/or related medical expenses) and non-economic (pain, suffering, and/or distress); and
(2) Punitive damages when a violation is extreme and/or egregious;
(3) Injunctive relief whereby the court may enjoin the defendant from engaging in the unlawful employment practice and may order any other relief deemed appropriate (reinstatement of work and/or removal of the bullying employee from the complainant’s work environment and/or removal of supervisory duties or termination of said employee); and
(4) Restorative measures (correction of reputational damage including false statements made, the disciplinary record, and/or performance evaluations of the complainant and/or public notification of the case without disclosing the plaintiff’s name if desired by the plaintiff).
(b) In instances where the employer violates §§ 28-61-3(b)(5) and/or 28-61-3(b)(6), the penalty shall not exceed one hundred dollars ($100) for each offense.
(c) In all other instances, the complainant shall receive the greater of all damages as identified in subsection (b) of this section or five thousand dollars ($5,000) per violation of §§ 28- 61-3(a), 28-61-3(b) and or 28-61-3(c) for a maximum of fifteen thousand dollars ($15,000). LC006390 - Page 3 of 5
(d) The at-fault party shall pay the plaintiff’s reasonable attorneys’ fees and costs. A prevailing employer shall not be awarded fees and costs.
28-61-5. Employee rights.
(a) Any person who has a cause of action under the provisions of this chapter shall have a period of three (3) years after the last violation of § 28-61-3 to file said cause of action.
(b) A pseudonym can be used in cases where the plaintiff can demonstrate a credible risk of retaliation or harm at the plaintiff’s request, subject to the court’s approval.
28-61-6. Review.
A regulatory review of this chapter is required five (5) years after the effective date of this chapter to be performed by the department of labor and training.
SECTION 2. This act shall take effect upon passage.
28-61-1. Purpose.
It is the purpose of this chapter to ensure the psychological safety of employees and/or the work environment without regard to protected class status by holding employers accountable for bullying conduct.
28-61-2. Definitions.
For the purposes of this chapter, the following words and phrases shall have the following meanings:
(1) “Employee” means any person who renders services to an employer, contractor, or any other entity and receives compensation for those services, including full- and part-time paid employees, temporary employees, contracted employees, and independent contractors.
(2) “Employer” means a person or entity of any size who obtains services from a full- or part-time paid employee, temporary employee, contracted employee, or independent contractor and hires at least one employee for any compensation. This chapter applies to employers with a minimum of fifteen (15) employees only.
(3) “Representative employee” means an employee in a leadership, management, or legal position whose responsibility is to advise on, oversee, and/or enforce organizational policies.
28-61-3. Workplace bullying regulation.
(a) Workplace bullying shall be unlawful. Workplace bullying is unwelcome, degrading, and dehumanizing conduct, that is severe or pervasive enough to create a work environment that a reasonable person would consider threatening, hostile, or abusive and that unreasonably interferes with the target’s ability to perform job duties. Conduct may include false accusations, sabotage of work performance, consistent ignoring or ostracism, removal of major responsibilities, consistent unreasonable workloads, excessive monitoring, consistent micromanagement, persistent hypercriticism, impossible deadlines, pressure to engage in unethical behavior or give up rights or benefits, retaliation for speaking up, or repeated verbal abuse. Isolated, minor incidents, expressions of disagreement, and constructive feedback are not bullying unless they meet the severe or pervasive standard. Workplace bullying may be perpetrated by one or more persons. Workplace bullying is found by a review of the totality of the circumstances including, but not limited to, the nature, frequency, and duration of the conduct.
(b) Employers and representative employees shall take all reasonable preventative and responsive measures to provide safe work environments free from bullying by:
(1) Acknowledging and responding to complaints of bullying within a reasonable time frame appropriate to the level of urgency;
(2) Providing and executing a transparent, timely complaint process that includes a legitimate, fair, fact-finding investigation and the issuance of timely and accurate reports of findings;
(3) Providing and executing a transparent disciplinary process according to the severity of the offense within a reasonable time frame, if applicable including, but not limited to: coaching, counseling, a warning, or other disciplinary action, including removal of supervisory duties and/or termination;
(4) Maintaining accurate records of complaints, findings, and discipline;
(5) Writing, distributing, posting, and otherwise providing a written preventative policy against all forms of bullying, to include an anti-retaliation policy and an identification and description of all reporting methods, consistent with this section and all other laws within ninety (90) days. Such policies shall be distributed to employees on a regular basis; and
(6) Training all employees on such preventative and reporting policies. It shall be considered an affirmative defense for an employer to take prompt, good-faith steps to address alleged bullying with a threshold of evidence. LC006390 - Page 2 of 5
(c) It shall be unlawful for an employer or representative employee to:
(1) Mandate mediation and/or arbitration of a bullying complaint prior to the employee’s retaining of counsel. Voluntary mediation with both parties’ consent may be permitted only when employees understand their rights before entering mediation and can consult with legal aid organizations if they cannot afford an attorney. Employers shall be prohibited from requiring arbitration as a condition of employment or filing a complaint;
(2) Mandate, offer, or use a non-disclosure or non-disparagement agreement related to a bullying complaint; and/or
(3) Engage in an adverse employment action. An adverse employment action occurs when an employee opposes an unlawful employment practice and/or exercises a right under this section and is then the target of forced resignation, termination, demotion, unfavorable reassignment, failure to promote, disciplinary action, reduction in compensation, constructive discharge, or a similar action.
(d) A violation or violations of any provisions of this section can be enforced by a private right of action against an individual employee and/or employer in violation of this chapter.
28-61-4. Damages.
(a) Complainants who prove a violation of § 28-61-3 or any of its subsections or divisions thereof shall be entitled to all remedies necessary to make such complainants whole. Remedies shall include, but not be limited to:
(1) Compensatory damages to include economic (back pay and front pay and/or related medical expenses) and non-economic (pain, suffering, and/or distress); and
(2) Punitive damages when a violation is extreme and/or egregious;
(3) Injunctive relief whereby the court may enjoin the defendant from engaging in the unlawful employment practice and may order any other relief deemed appropriate (reinstatement of work and/or removal of the bullying employee from the complainant’s work environment and/or removal of supervisory duties or termination of said employee); and
(4) Restorative measures (correction of reputational damage including false statements made, the disciplinary record, and/or performance evaluations of the complainant and/or public notification of the case without disclosing the plaintiff’s name if desired by the plaintiff).
(b) In instances where the employer violates §§ 28-61-3(b)(5) and/or 28-61-3(b)(6), the penalty shall not exceed one hundred dollars ($100) for each offense.
(c) In all other instances, the complainant shall receive the greater of all damages as identified in subsection (b) of this section or five thousand dollars ($5,000) per violation of §§ 28- 61-3(a), 28-61-3(b) and or 28-61-3(c) for a maximum of fifteen thousand dollars ($15,000). LC006390 - Page 3 of 5
(d) The at-fault party shall pay the plaintiff’s reasonable attorneys’ fees and costs. A prevailing employer shall not be awarded fees and costs.
28-61-5. Employee rights.
(a) Any person who has a cause of action under the provisions of this chapter shall have a period of three (3) years after the last violation of § 28-61-3 to file said cause of action.
(b) A pseudonym can be used in cases where the plaintiff can demonstrate a credible risk of retaliation or harm at the plaintiff’s request, subject to the court’s approval.
28-61-6. Review.
A regulatory review of this chapter is required five (5) years after the effective date of this chapter to be performed by the department of labor and training.
SECTION 2. This act shall take effect upon passage.