a legal approach to workplace bullying

A Legal Approach to Workplace Bullying

MASSACHUSETTS NURSING ASSOCIATIONWORKPLACE VIOLENCE IN HEALTHCARE

NOVEMBER 10, 2015

A Legal Approach to Workplace Bullying

Workplace Bullying is an Epidemic

One Third of Workers Exposed

Estimates are that 1/3 of American workers will experience bullying at some point

in their working lives

60 percent of bullies are men and 40 percent are

women.

Women are targeted

more frequently than men because women target

women 70% of the time.

Men target men and women in

equal numbers (50/50)

Estimates Are That 1/3 Of

American Workers

Will Experience Bullying At Some Point

In Their Working

Lives

60 Percent

Of Bullies Are Men And 40 Percent

Are Women

Women Are Targeted

More Frequently Than Men Because Women Target

Women 70% Of The

Time

Men Target

Men And Women In Equal Numbers (50/50)

Who

Is A

ffect

ed b

y W

orkp

lace

Bu

llyin

g Employees

Employers

Society

Effects of Workplace Bullying ♻EMPLOYEES

Adverse Physical and Mental Health Effects

Financial Losses

Destruction of Family

EMPLOYERS Up to 50% ⬇ in

productivity

Increased insurance costs

Loss of skilled and trained workers

SOCIETY 20 million

workers change or lose jobs unemployment

Social and economic well-being

Professor David Yamada Crafted

Legislation Entitled The

Healthy Workplace Bill.

1995

Number of Legislators In The Country That Have Sponsored Bills In Over ½ The States.

400+

HB 1771 Passed The First Reading Of The Joint Committee On Labor & Workplace Development with

58 Sponsors.

2015

Is There A Solution?The Healthy Workplace Bill

Massachusetts Could Be The First State To Pass

This Legislation.

Do We Need Another Law? 80% of abusive conduct is not illegal under current and existing laws.

Present Discrimination Laws In Mass. Only Cover Employees In 7 Protected Classes: Race, Color, Religious Creed, National Origin, Sex, Gender Identity And Sexual Orientation.

Bullying Behavior Not Rooted In One Of These Characteristics Is Not Discriminatory.

Existing Workers’ Comp. and Accidental Disability (public employees) laws only come into play when employee has been injured to the extent of needing medical treatment and/or becoming disabled.

Employers and individual employees not liable.

Workplace Bullying

Discrimination Based Upon Protected

Class status

M.G.L. Ch. 151B

Work-Related Injuries &

Disabilities

M.G.L. Ch.152 and Ch. 32

Common Law Tort Actions

Protects ALL Employees

From Abusive

Work Environments Caused

By An Employer Or

Any Employee.

Gives Employers An

Incentive To Prevent And

Address Abuse

Complaints In A

Timely Fashion.

Holds Defendants

Individually Liable

For Unlawful

Conduct.

What Is The Purpose Of The Healthy Workplace Bill?

Definition of AbusiveConduct

Acts/Omissions A Reasonable

Person Would Find Abusive Based Upon The Severity, Nature And

Frequency Of The Conduct.

Verbal, Non-Verbal Or Physical Conduct That Is Threatening, Intimidating Or Humiliating in Nature;

It Can Be A Result Of Verbal Abuse Through The Use Of Derogatory Remarks, Insults And Epithets;

Sabotage Or Undermining Of An Employee’s Work Performance.

Key Provisions of HB 1771 – For Workers

Protects Employees From Adverse Employment Actions: Terminations,

Demotions, Unfavorable Reassignments, Failure To Promote, Disciplinary Actions Or Reductions In

Compensation.

Adverse Employment Actions Include

“Constructive Discharges” If Employee:

Reasonably Believed She Was Subjected To An Abusive Work

Environment;Resigned Because Of The

Conduct;Employer Was Aware Before The Resignation And Failed To Stop It.

Key Provisions of HB 1771 – For Workers

Protects Employees

From Retaliation By

Employers For Opposing

Abusive Practices Including:

Making A Claim Of Abuse; Testifying/

Participating In An

Investigation. Includes Internal

Complaints, Arbitration,

Mediation Or Legal Actions.

Individual Employees

Are Liable For Their Actions

(Unless Acting Under

Direction/ Coercion Of Employer)

Employers Are

Vicariously Liable For

Acts Of Employees.

Actions Must Be Intended To Cause Pain Or Distress Of A Physical Or

Psychological Nature.

Typically, A Single Act Will Not Constitute

Abusive Conduct.

Key Provisions of HB 1771 – For EmployersProtection From Disgruntled Employees Making Claims:

(Affirmative Defenses)

: Adverse Employment Action reasonably taken for:Employer Exercised

Reasonable Care To Prevent And Promptly Correct Behavior; And

Employee Unreasonably Failed To Take Advantage Of Preventive And Corrective Opportunities Provided By Employer.

Performance, Misconduct, Economic Necessity; OrReasonable Performance Evaluation; OrReasonable Investigation Of Potentially Illegal Or Unethical Activity.

Violation does not involve an Adverse Employment Action

Private Right

Of Action

In Superi

or Court

1 Year Statute From

Last Act

Court Can:

Enjoin Defenda

nt

Award Damage

sReinstate

Employee;

Remove Bully

If Adverse Action

Not Involved

Conduct Must Be Extreme

& Outrageo

us

For Punitive

& Emotion

al Distress Against Employ

er

Remedies Under HB 1771

Contact Your Local Representative

Visit The Website:Healthyworkplace.Org

Talk With Organizations You Belong To About Endorsing the

Bill

It’s Just A Bill Until It Becomes A Law