Massachusetts Could Be First to Outlaw Workplace Bullying

"Punitive is preventative," noted Massachusetts Senator Paul Feeney as he recently spoke about the dire need to put the "Healthy Workplace" Senate Bill 1072 into law, which would make Massachusetts the first state in the U.S. to declare workplace bullying illegal.

Feeney, who is championing the proposed landmark legislation, was a panelist at the Oct. 18 "Re-Define Our Workplaces/Ourselves" Worcester conference that also featured numerous other speakers, including State Senator Becca Rausch, State Representative Lindsay Sabadosa, and employee-rights attorney Rebecca Pontikes. Also among the speakers was advocate Marycatherin DeFazio, whose harrowing story working in the state prison system was recently chronicled in the Boston Globe.

The conference was held just days after the Healthy Workplace bill had moved into the Senate Ways & Means Committee with 109 out of 200 legislators helping to propel its advancement as sponsors. While the news generated optimism among conference speakers and attendees, there was also a palpable sense of impatience.

In break-out sessions designed to provide inspiration, education and support, attendees shared personal stories about the intimidation, humiliation and ostracism they endured from superiors and co-workers -- with one story more harrowing than the next. Throughout the day, the most urgent question heard was "How can this be legal?"

Piggybacking on the Worcester event was an afternoon convening in Boston led by pre-eminent workplace bullying experts Gary Namie, co-founder of the Workplace Bullying Institute, and David Yamada, law professor and director of the New Workplace Institute at Suffolk University Law School.

With Namie on the West Coast, and Yamada on the East Coast, the two joined forces about 15 years ago to tackle the issue of workplace bullying on a variety of fronts. Namie founded the Institute with his wife, Ruth, after helping her navigate an abusive workplace situation; Yamada put his legal skills to work to craft the model Healthy Workplace legislation for any state seeking to put it into law.

Namie explained that so far, there are only a few states that have any kind of law on the books, and each one only mandates employer training -- not one has yet to make workplace bullying illegal. If the Massachusetts bill gets passed, it would be the first law of its kind in the country.

Similar to the Worcester gathering, the Suffolk attendees also reflected a mix of advocates who had personal experience with workplace bullying, with most from either the public sector, health care or education -- a reflection of national research.

Namie pointed out that based on his years of experience, most targets of workplace bullying are considered to be "salt-of-the-earth" employees who exhibit deep empathy and compassion, have high integrity, are respected by their peers, and are always willing to go the extra mile. In contrast, he noted that a workplace bully is often someone who sets out to demoralize an employee -- to consciously "convince a good person of their worthlessness."

For employers who allow workplace bullying to continue, research shows the end result is loss of talent, poor employee morale and productivity. As for workers on the receiving end of bullying, they are often forced to quit, leaving them with a loss of lifelihood, as well as poor mental and/or physical health.

"I loved my job. I was dedicated, good at what I did and well liked -- I didn't deserve the treatment I received," recounted a teacher who had attended the Boston event.

If progress with the Healthy Workplace bill continues, hope could be on the way for Massachusetts workers. Based on the 2017 Workplace Bullying Institute survey, 77 percent of Americans support a new law to address abusive conduct at work.

Interested in joining the Healthy Workplace bill advocacy campaign? Want to learn more or need support? Dignity Together, led by Worcester conference organizer and advocate Deb Falzoi, is one place to start.

You can also learn more about workplace bullying from this previous Patch article:

https://patch.com/massachusetts/medfield/time-out-adults-tackling-bullying-workplace