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