Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1347 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1725 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1347
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Robyn K. Kennedy
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to workplace psychological safety.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Robyn K. KennedyFirst WorcesterDylan A. FernandesPlymouth and Barnstable1/31/2025Michael D. BradySecond Plymouth and Norfolk2/6/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/6/2025 1 of 4
16	16	SENATE DOCKET, NO. 1725 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1347
18	18	By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 1347) of Robyn K. Kennedy,
19	19	Dylan A. Fernandes, Michael D. Brady and Jacob R. Oliveira for legislation to ensure workplace
20	20	psychological safety by deeming workplace bullying an unlawful practice. Labor and Workforce
21	21	Development.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to workplace psychological safety.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 1 of Chapter 151B of the General Laws, as so appearing in the 2022
31	31	2Official Edition, is hereby amended by inserting after subsection 23, in line 177, the following
32	32	3paragraphs:-
33	33	4 24. The term “representative employee” shall mean an employee in a leadership position,
34	34	5management, or legal position whose responsibility it is to advise on, oversee, and/or enforce
35	35	6organizational polices.
36	36	7 25. The term “workplace bullying” shall mean unwelcome, degrading and dehumanizing
37	37	8conduct, perpetrated by one or more persons, that is severe or pervasive enough to create a work
38	38	9environment that a reasonable person would consider toxic, hostile, or abusive. It does not
39	39	10include petty slights, annoyances and isolated incidents unless serious. 2 of 4
40	40	11 SECTION 2. Section 4 of said chapter 151B is here by amended, by inserting after
41	41	12subsection 19, the following subsection:-
42	42	13 20. (a) Workplace Bullying
43	43	14 (1) workplace bullying shall be an unlawful practice. Factors to be considered in
44	44	15determining whether workplace bullying exists include but are not limited to: (i) the nature; (ii)
45	45	16frequency: (iii) duration of the conduct; and (iv) the context in which the conduct occurs.
46	46	17Workplace bullying is found by a review of the totality of the circumstances.
47	47	18 (2) employers and representative employees shall take all reasonable preventive and
48	48	19responsive measures to provide safe work environments free from bullying by: (i)
49	49	20acknowledging and responding to complaints of bullying within a reasonable time frame
50	50	21appropriate to the level of urgency; (ii) Providing and executing a transparent, timely complaint
51	51	22process that includes a legitimate, fair, fact-finding investigation and the issuance of timely and
52	52	23accurate reports of findings; (iii) Providing and executing a transparent disciplinary process
53	53	24according to the severity of the offense within a reasonable time frame, if applicable, including
54	54	25but not limited to: (A) coaching; (B) counseling; (C) a warning; or (D) other disciplinary action,
55	55	26including removal of supervisory duties and/or termination; (iv) Maintaining accurate records of
56	56	27complaints, findings, and discipline; (v) Writing, distributing, posting, and otherwise providing a
57	57	28written preventative policy against all forms of bullying, to include an anti-retaliation policy and
58	58	29an identification and description of all reporting methods, consistent with this section within 90
59	59	30days. Such policies shall be distributed to employees on a regular basis; and (iv) Training all
60	60	31employees on such preventative and reporting policies. 3 of 4
61	61	32 (3) It shall be unlawful for an employer or representative employee to: (i) Mandate, offer,
62	62	33or use mediation and/or arbitration of a bullying complaint prior to the employee’s retaining of
63	63	34counsel; (ii) Mandate, offer, or use a non-disclosure or non-disparagement agreement related to a
64	64	35bullying complaint; and (iii) Engage in an adverse employment action. An adverse employment
65	65	36action occurs when an employee opposes an unlawful employment practice and/or exercises a
66	66	37right under 1 this section and is then the target of forced resignation, termination, demotion,
67	67	38unfavorable reassignment, failure to promote, disciplinary action, reduction in compensation,
68	68	39constructive discharge, or a similar action.
69	69	40 (4) A violation or violations of any part of this section can be enforced by a private right
70	70	41of action against an individual employee and/or employer in violation of this subsection.
71	71	42 (b) Complainants who prove a violation of subsection 20 shall be entitled to all remedies
72	72	43necessary to make such complainants whole.
73	73	44 (1) Remedies shall include but not be limited to: (i) Compensatory damages to include
74	74	45economic (back pay and front pay and/or related medical expenses) and non-economic (pain,
75	75	46suffering, and/or distress); (ii) Punitive damages when a violation is extreme and/or egregious;
76	76	47(iii) Injunctive relief whereby the court may enjoin the defendant from engaging in the unlawful
77	77	48employment practice and may order any other relief deemed appropriate (reinstatement of work
78	78	49and/or removal of the bullying employee from the complainant’s work environment and/or
79	79	50removal of supervisory duties or termination of said employee); and (iv) Restorative measures
80	80	51(correction of reputational damage including false statements made, the disciplinary record,
81	81	52and/or performance evaluations of the complainant and/or public notification of the case without
82	82	53disclosing the plaintiff’s name if desired by the plaintiff). 4 of 4
83	83	54 (2) In instances where the employer violates subsection 20, the penalty shall not exceed
84	84	55$100 for each offense.
85	85	56 (3) In all other instances, the complainant shall receive the greater of all damages as
86	86	57identified above or a minimum of $5,000 per violation and award up to a maximum of $15,000.
87	87	58 (4) The at-fault party shall pay the plaintiff’s reasonable attorneys’ fees and costs. A
88	88	59prevailing employer shall not be awarded fees and costs.
89	89	60 (c) Any person who has a cause of action under the provisions of this subsection shall
90	90	61have a period of 3 years after the last violation to file said cause of action.
91	91	62 (1) A pseudonym can be used in any and all instances at the plaintiff’s request.