SECTION 1. Section 1 of Chapter 151B of the General Laws, as so appearing in the 2022 Official Edition, is hereby amended by inserting after subsection 23, in line 177, the following paragraphs:-

24. The term “representative employee” shall mean an employee in a leadership position, management, or legal position whose responsibility it is to advise on, oversee, and/or enforce organizational polices.

25. The term “workplace bullying” shall mean unwelcome, degrading and dehumanizing conduct, perpetrated by one or more persons, that is severe or pervasive enough to create a work environment that a reasonable person would consider toxic, hostile, or abusive. It does not include petty slights, annoyances and isolated incidents unless serious.

SECTION 2: Section 4 of said chapter 151B is here by amended, by inserting after subsection 19, the following subsection:-

20. (a) Workplace Bullying

(1) workplace bullying shall be an unlawful practice. Factors to be considered in determining whether workplace bullying exists include but are not limited to: (i) the nature; (ii) frequency: (iii) duration of the conduct; and (iv) the context in which the conduct occurs. Workplace bullying is found by a review of the totality of the circumstances.

(2) employers and representative employees shall take all reasonable preventive and responsive measures to provide safe work environments free from bullying by: (i) acknowledging and responding to complaints of bullying within a reasonable time frame appropriate to the level of urgency; (ii) Providing and executing a transparent, timely complaint process that includes a legitimate, fair, fact-finding investigation and the issuance of timely and accurate reports of findings; (iii) Providing and executing a transparent disciplinary process according to the severity of the offense within a reasonable time frame, if applicable, including but not limited to: (A) coaching; (B) counseling; (C) a warning; or (D) other disciplinary action, including removal of supervisory duties and/or termination; (iv) Maintaining accurate records of complaints, findings, and discipline; (v) Writing, distributing, posting, and otherwise providing a written preventative policy against all forms of bullying, to include an anti-retaliation policy and an identification and description of all reporting methods, consistent with this section within 90 days. Such policies shall be distributed to employees on a regular basis; and (iv) Training all employees on such preventative and reporting policies.

(3) It shall be unlawful for an employer or representative employee to: (i) Mandate, offer, or use mediation and/or arbitration of a bullying complaint prior to the employee’s retaining of counsel; (ii) Mandate, offer, or use a non-disclosure or non-disparagement agreement related to a bullying complaint; and (iii) Engage in an adverse employment action. An adverse employment action occurs when an employee opposes an unlawful employment practice and/or exercises a right under 1 this section and is then the target of forced resignation, termination, demotion, unfavorable reassignment, failure to promote, disciplinary action, reduction in compensation, constructive discharge, or a similar action.

(4) A violation or violations of any part of this section can be enforced by a private right of action against an individual employee and/or employer in violation of this subsection.

(b) Complainants who prove a violation of subsection 20 shall be entitled to all remedies necessary to make such complainants whole.

(1) Remedies shall include but not be limited to: (i) Compensatory damages to include economic (back pay and front pay and/or related medical expenses) and non-economic (pain, suffering, and/or distress); (ii) Punitive damages when a violation is extreme and/or egregious; (iii) Injunctive relief whereby the court may enjoin the defendant from engaging in the unlawful employment practice and may order any other relief deemed appropriate (reinstatement of work and/or removal of the bullying employee from the complainant’s work environment and/or removal of supervisory duties or termination of said employee); and (iv) Restorative measures (correction of reputational damage including false statements made, the disciplinary record, and/or performance evaluations of the complainant and/or public notification of the case without disclosing the plaintiff’s name if desired by the plaintiff).

(2) In instances where the employer violates subsection 20, the penalty shall not exceed $100 for each offense.

(3) In all other instances, the complainant shall receive the greater of all damages as identified above or a minimum of $5,000 per violation and award up to a maximum of $15,000.

(4) The at-fault party shall pay the plaintiff’s reasonable attorneys’ fees and costs. A prevailing employer shall not be awarded fees and costs.

(c) Any person who has a cause of action under the provisions of this subsection shall have a period of 3 years after the last violation to file said cause of action.

(1) A pseudonym can be used in any and all instances at the plaintiff’s request.