Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0959 Compare Versions

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

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5	5	2025 -- S 0959
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7	7	LC002724
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO LABOR AND LABOR RELATIONS -- WORKPLACE PSYCHOLOGI CAL
16	16	SAFETY ACT
17	17	Introduced By: Senator Frank A. Ciccone
18	18	Date Introduced: April 07, 2025
19	19	Referred To: Senate Labor & Gaming
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21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS" 1
24	24	is hereby amended by adding thereto the following chapter: 2
25	25	CHAPTER 61 3
26	26	WORKPLACE PSYCHOLOGICAL SAFETY ACT 4
27	27	28-61-1. Short title. 5
28	28	This chapter shall be known and may be cited as the "Workplace Psychological Safety 6
29	29	Act." 7
30	30	28-61-2. Public policy. 8
31	31	(a) This chapter sets forth a public policy acknowledging and addressing the relevance and 9
32	32	importance of mental health as an integral aspect of human well-being, and therefore, employee 10
33	33	well-being. This chapter also sets forth a public policy against any type of psychological abuse that: 11
34	34	(1) Violates an employee's right to a physically and psychologically safe work 12
35	35	environment; and 13
36	36	(2) Injures an employee, hinders the performance of an employee, stigmatizes the 14
37	37	employee, and/or undermines the dignity of the employee. 15
38	38	(b) This chapter declares and reasserts the obligation of employers to keep their employees 16
39	39	and the work environment safe, as set forth in laws throughout the state and the federal government. 17
40	40	28-61-3. Purpose. 18
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42	42
43	43	LC002724 - Page 2 of 9
44	44	It is the purpose of this chapter to: 1
45	45	(1) Recognize and protect an employee's right, not only to a physically safe work 2
46	46	environment but also to ensure a psychologically safe work environment in the workplace. 3
47	47	(2) Recognize and promote an employer's responsibility to acknowledge, monitor, prevent, 4
48	48	discourage, and adequately address issues of psychological abuse in the workplace. 5
49	49	(3) Provide legal incentive for employers to acknowledge, monitor, prevent, discourage, 6
50	50	and adequately address issues of psychological abuse, to eliminate such behaviors before they 7
51	51	disrupt the safety of the work environment and/or cause subsequent harm to employees. 8
52	52	(4) Provide legal relief and remedies for employees harmed psychologically, emotionally, 9
53	53	physically, professionally, or economically by exposure to an unsafe, toxic work environment, 10
54	54	including any subsequent damages to make employees whole. 11
55	55	28-61-4. Scope of application. 12
56	56	This chapter shall apply to all employees regardless of the nature of their job. 13
57	57	28-61-5. Definitions. 14
58	58	For the purposes of this chapter, the terms used herein shall have the meanings set forth in 15
59	59	this section: 16
60	60	(1) "Bullying" means interpersonal abuse that operates employer-to-employee(s), 17
61	61	especially superior(s) to subordinate(s). 18
62	62	(2) "Mobbing" means an interpersonal abuse system that operates employer-to-19
63	63	employee(s). 20
64	64	(3) "Physical injury" means impairment of a person's physical health or bodily integrity, as 21
65	65	established by competent evidence and may manifest mentally, emotionally, or physically. 22
66	66	(4) "Psychological abuse" means mentally provocative harassment. Mistreatment that has 23
67	67	the effect of hurting, weakening, confusing, or frightening a person mentally or emotionally. 24
68	68	(5) "Psychological injury" means impairment of a person's mental health, as established by 25
69	69	competent evidence and may manifest mentally, emotionally, or physically. 26
70	70	(6) "Reasonable person" means an unbiased person who displays reason, fairness, caution, 27
71	71	and care. 28
72	72	(7) ''Representative employee" means administrative employees in leadership and/or 29
73	73	management positions, whose responsibility is to oversee and enforce organizational policies 30
74	74	including, but not limited to, CEOs, CFOs, presidents, vice presidents, executive directors, 31
75	75	members of a board of directors, or employees in human resources, legal, or diversity, equity, and 32
76	76	inclusion. 33
77	77	(8) "Third party" means a neutral person, with no prior affiliation with the parties. 34
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81	81	(9) "Toxic work environment" means an intolerable employment condition, in which a 1
82	82	reasonable person would find it difficult, uncomfortable, and/or an impossible environment to 2
83	83	perform their workplace duties and tasks. 3
84	84	28-61-6. Employee right to dignity and a psychologically safe work environment. 4
85	85	Every employee shall have the right to a work environment that is safe and affords them 5
86	86	the dignity, to which all human beings are entitled, free from all forms of psychological abuse. 6
87	87	28-61-7. Employer responsibility to provide safe work environments and ensure 7
88	88	worker dignity. 8
89	89	Employers have a general duty to provide a safe work environment, free from all forms of 9
90	90	abuse including psychological abuse. Employers have a general duty to ensure that all employees 10
91	91	are treated respectfully and with dignity. 11
92	92	28-61-8. Prohibited activity. 12
93	93	(a) It shall be an unlawful employment practice for any employer or employee to engage 13
94	94	in the psychological abuse of another employee, that creates a toxic work environment in which a 14
95	95	reasonable person would find intolerable to perform their regular workplace duties and tasks, has 15
96	96	the ability to cause injury, and/or jeopardizes future career prospects, without just cause. The 16
97	97	determination of which shall be conducted, from the view of a reasonable person under the totality 17
98	98	of the circumstances, its impact on the work environment of the employee, and/or its subsequent 18
99	99	impact on the employee's well-being. 19
100	100	(b) It shall be an unlawful employment practice to retaliate in any manner against an 20
101	101	employee who has opposed any unlawful employment practices under this chapter including, but 21
102	102	not limited to, filing a claim internally or externally on behalf of oneself or another objecting to 22
103	103	behavior, in violation of this chapter whether as a complainant, witness, or advocate. 23
104	104	(c) It shall be an unlawful employment practice to require any complainant under this 24
105	105	chapter to enter into mediation or forced arbitration. 25
106	106	(d) Conduct that does not constitute psychological abuse includes, but is not limited to: 26
107	107	(1) Acts intended to exercise a supervisor's authority to discipline with just cause and 27
108	108	conducted in a progressive disciplinary manner in compliance with policies and laws; 28
109	109	(2) Demands for protecting the confidentiality of the services provided by the employer; 29
110	110	(3) The formulation or promulgation of regulations or memoranda to direct the operations, 30
111	111	maximize efficiency, and evaluate employees' performance based on the general objectives of the 31
112	112	employer; 32
113	113	(4) The temporary assignment of additional duties when necessary to ensure the continuity 33
114	114	of services; 34
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118	118	(5) Administrative actions directed to the completion of an employment agreement, with 1
119	119	cause; and 2
120	120	(6) Employer's affirmative actions to enforce the provisions of a human resources 3
121	121	regulation, clauses of employment agreements, or obligations, duties, and prohibitions established 4
122	122	by law. 5
123	123	(e) Concerted activity/Section 7 activity under the National Labor Relations Act, as 6
124	124	interpreted by the National Labor Relations Board, shall not be construed as psychological abuse. 7
125	125	28-61-9. Procedure. 8
126	126	(a) Every employer shall be responsible for taking all reasonable measures to acknowledge, 9
127	127	monitor, prevent, discourage, and adequately address incidents of psychological abuse. 10
128	128	(b) Within one hundred eighty (180) days of the effective date of this chapter, every 11
129	129	employer shall: 12
130	130	(1) Adopt and implement preventive and detective internal policies against psychological 13
131	131	abuse, including anti-retaliation policies, consistent with this chapter. Policies should include a 14
132	132	broad reporting procedure, including formal and informal reporting methods. 15
133	133	(2) Notify and train all managers, supervisors, and other representative employees as to 16
134	134	handling complaints of psychologically abusive behavior, including the employer's reporting 17
135	135	provisions and policies to acknowledge, monitor, prevent, discourage and adequately address all 18
136	136	such complaints. 19
137	137	(3) Post employees' rights under this chapter and employer reporting policies in such a 20
138	138	manner that all employees have access, including on the website, bulletin boards, job descriptions, 21
139	139	and in applicable promotional materials. 22
140	140	(4) Implement and uphold an effective anti-retaliation provision, that guarantees no 23
141	141	retaliation against any employee who has opposed any unlawful practice in a complaint under this 24
142	142	chapter. 25
143	143	(5) Implement an investigation policy for all complaints of psychologically abusive 26
144	144	behavior which includes notice provisions for the complainant regarding the status, completion, 27
145	145	and outcome of the complaint and imposes a policy of progressive discipline for any employee 28
146	146	determined to have engaged in psychologically abusive behavior. 29
147	147	(6) Apply evaluation and discipline processes evenly and fairly to all employees. 30
148	148	(7) Annually perform an anonymous workplace climate survey, with its results to be 31
149	149	annually submitted to the department of labor and training. 32
150	150	(8) Report annually the number of employee complaints of abusive behavior, employee 33
151	151	disciplines, workers' compensation claims, absenteeism rates, stress leave rates, attrition rates, 34
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155	155	discrimination complaints, investigation rates, follow up action rates, the workforce gender and 1
156	156	racial makeup, and de-identified wage and salary data by protected category to the department of 2
157	157	labor and training, who will make this information publicly available, at a minimum under the 3
158	158	access to public records act. 4
159	159	(c) If the employer proves to have exercised reasonable care to prevent and promptly 5
160	160	correct the conduct, such employer shall be held harmless from any claim under the provisions of 6
161	161	this chapter. 7
162	162	(d) The aggrieved employee shall have the following options to notify the employer of the 8
163	163	complaint, without use of the employer's protocol: 9
164	164	(1) File a complaint with the department of labor and training (public sector employees), 10
165	165	who shall: 11
166	166	(i) Evaluate and investigate the conditions described in the complaint; and 12
167	167	(ii) Contact the employer in writing and require the employer to respond by a due date with 13
168	168	proof that the hazard has been corrected; or make an appointment for a site visit prioritized 14
169	169	according to the nature of the hazard; or by phone or visit to the workplace if there is imminent 15
170	170	danger and issue fines and/or penalties; or 16
171	171	(2) File suit against the employer in the Rhode Island superior court for violation(s) of this 17
172	172	chapter. 18
173	173	(e) The department of labor and training shall make written violations of this chapter 19
174	174	available to the public, per the access to public records act, redacting all private information as to 20
175	175	the aggrieved employee, including their name to protect their privacy and not interfere with future 21
176	176	job prospects. 22
177	177	28-61-10. Employer liability. 23
178	178	Any employer that allows, engages in, or promotes psychological abuse, whereby creating 24
179	179	a toxic work environment, shall be liable to the affected employee(s). 25
180	180	Every employer shall: 26
181	181	(1) Be liable for failing to take the appropriate measures to provide employees with a 27
182	182	psychologically safe work environment, as outlined in this chapter. 28
183	183	(2) Be liable for engaging in any violation of this chapter. 29
184	184	(3) Be liable for any damages, including economic, compensatory, and punitive damages, 30
185	185	to any employee who has been subjected to work in a toxic work environment, as outlined in this 31
186	186	chapter in the scope of their employment unless the employer can demonstrate they have met all 32
187	187	elements of affirmative defenses provided in § 28-61-12. An employee is entitled to recover the 33
188	188	greater of all actual damages or five thousand dollars ($5,000) for each violation of this chapter. 34
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192	192	(4) If not prevailing, be liable for the plaintiff's reasonable attorneys' and witnesses' fees 1
193	193	and costs. 2
194	194	28-61-11. Scope of the protection. 3
195	195	(a) Any person who reports psychological abuse shall be protected by this chapter. 4
196	196	(b) No person shall aid, abet, incite, compel, or coerce the doing of an act forbidden under 5
197	197	this chapter or to attempt to do so. 6
198	198	(c) No employer shall terminate, sanction, mislead, coerce, intimidate, threaten, interfere 7
199	199	with, discriminate against, or otherwise retaliate against any person in the opposition of unlawful 8
200	200	employment practices or exercise of any right under this chapter including, but not limited to, an 9
201	201	employee as to the terms, conditions, compensation, location, benefits, or privileges of employment 10
202	202	because the employee or witness offers or attempts to offer, verbally or in writing, any testimony, 11
203	203	statement, information, or claim to a labor union, human resources office, employer office, 12
204	204	legislative, administrative, or judicial forum, or any other internal or external office or otherwise 13
205	205	engages in any other reasonable participation in a claim under this chapter, insofar as such 14
206	206	statements constitute a disclosure of privileged information as provided by law. 15
207	207	(d) The employee shall show proof of the violation through direct and circumstantial 16
208	208	evidence. 17
209	209	(e) The employee may bring a prima facie case of violation of the law, by proving they 18
210	210	reported an incident of workplace psychological abuse and was subsequently terminated, 19
211	211	threatened, or discriminated against in their employment. Once the prima facie case is established, 20
212	212	the employer may allege and provide a legitimate and nondiscriminatory ground for the 21
213	213	termination. If the employer alleges and provides such grounds, the employee shall show that the 22
214	214	grounds alleged by the employer were a mere pretext for termination. 23
215	215	28-61-12. Affirmative defense. 24
216	216	(a) An employer may establish an affirmative defense to limit damages for psychological 25
217	217	abuse under this chapter, where the employer took all steps outlined in this chapter to acknowledge, 26
218	218	monitor, prevent, discourage, and adequately address the issues and complaints surrounding 27
219	219	allegations of psychological abuse and exercised reasonable care to prevent and promptly correct 28
220	220	any violation in this chapter or acted with just cause. 29
221	221	(b) Because this chapter requires employers to take all reasonable necessary steps to 30
222	222	adequately address complaints of psychological abuse, an employer shall not be exempt from 31
223	223	liability if the employer or its representative employees or supervisors knew or should have known 32
224	224	of said conduct and failed to acknowledge, monitor, prevent, discourage, or address the allegations 33
225	225	of psychological abuse and promptly correct the situation. 34
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229	229	(c) This defense shall not be available when the employer or its representative employees 1
230	230	or supervisors engage in this conduct. 2
231	231	28-61-13. Remedies. 3
232	232	Complainants, who prove a violation of this chapter, shall be entitled to all remedies 4
233	233	necessary to make such complainants whole. Such remedies shall factor in whether a toxic work 5
234	234	environment existed and/or whether or not injury resulted: 6
235	235	(1) An apology to the complainant employee and mandatory training and/or coaching 7
236	236	and/or counseling and/or discipline for violators of this chapter who remain with the employer ; 8
237	237	(2) Reinstatement of work; 9
238	238	(3) Economic damages for lost wages; 10
239	239	(4) Expenses related to treatment related to the psychological abuse including future 11
240	240	medical expenses for psychological injury or resulting physical injury; 12
241	241	(5) Compensable damages to compensate for the resulting pain and suffering and emotional 13
242	242	and psychological damages; 14
243	243	(6) Punitive damages to deter future acts of psychological abuse; 15
244	244	(7) Injunctive relief whereby the court may enjoin the defendant from engaging in the 16
245	245	unlawful employment practice; 17
246	246	(8) Public notification of the case outcome, without disclosing the plaintiff's name if 18
247	247	desired by the plaintiff; 19
248	248	(9) Attorneys' fees to the prevailing plaintiff; and 20
249	249	(10) Any other relief deemed appropriate, including restorative measures, including 21
250	250	modification of the disciplinary record of the employee and/or organizational training. 22
251	251	28-61-14. Statute of limitations. 23
252	252	Any person who has a private cause of action, under the provisions of this chapter, shall 24
253	253	have a period of three (3) years to file said cause of action, from the last alleged psychologically 25
254	254	abusive act, in the Rhode Island superior court. 26
255	255	28-61-15. Severability clause. 27
256	256	If any clause, paragraph, subparagraph, article, provision, section, or part of this chapter is 28
257	257	held to be unconstitutional or void, the holding to such effect shall not affect, impair, or invalidate 29
258	258	the remainder of this chapter. The effect of said holding shall be limited solely to the clause, 30
259	259	paragraph, subparagraph, article, provision, section, or part thereof thus held to be unconstitutional 31
260	260	or void. 32
261	261	28-61-16. Conflict with laws. 33
262	262	(a) Nothing in this chapter should limit employee rights under any other law including 34
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266	266	OSHA, laws under state-level OSHA agencies or their equivalent, Title VII of the Civil Rights Act, 1
267	267	the Americans with Disabilities Act, the Age Discrimination in Employment Act, state EEO laws, 2
268	268	the National Labor Relations Act (NLRA), and state labor rights laws. 3
269	269	(b) Nothing in this chapter shall restrict workers from negotiating broader protections via 4
270	270	collective bargaining or other concerted activity. 5
271	271	SECTION 2. This act shall take effect upon passage. 6
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277	277	LC002724 - Page 9 of 9
278	278	EXPLANATION
279	279	BY THE LEGISLATIVE COUNCIL
280	280	OF
281	281	A N A C T
282	282	RELATING TO LABOR AND LABOR RELATIONS -- WORKPLACE PSYCHOLOG ICAL
283	283	SAFETY ACT
284	284	***
285	285	This act would provide protection for employees from workplace psychological abuse 1
286	286	(bullying), which would require employers to establish, adopt, and implement an anti-workplace 2
287	287	bullying policy to address and investigate complaints of workplace psychological abuse. It would 3
288	288	also provide a cause of action against employers, who knowingly violate this act and allow, 4
289	289	encourage, or ignore workplace bullying, with a variety of remedies including, reinstatement of 5
290	290	work, lost wages, medical expenses, and punitive damages. The act would also identify affirmative 6
291	291	defenses for an employer, that addressed complaints in accordance with this chapter. 7
292	292	This act would take effect upon passage. 8
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