Despite overwhelming state budget crises, the legislative campaign to enact anti-bullying laws for American workplaces rolls on. During this 2010 season, against all odds, the Healthy Workplace Bill (HWB), in various forms, is alive in nine states: Illinois, New York, New Jersey, Massachusetts, Connecticut, Vermont, Oklahoma, Kansas and Utah.
Both Republican and Democratic lawmakers are among the over 250 who have sponsored the HWB. Multiple bills have been introduced in both Illinois and New York. New York Assembly bill A 5414 counts 35 assemblymembers as co-sponsors, that’s one-fifth of the Assembly. Some legislatures have modified or amended the HWB to apply to only state workers (IL, CT, WA) or to healthcare workers (UT) or to only conduct studies (CT). In several states (NY, NJ, MA, VT, and OK), the full bill is under now consideration. Two states (CT and IL) will hold committee hearings on the bill in early March. Massachusetts and UT have previously held hearings.
The Workplace Bullying Institute (WBI) launched the U.S. workplace bullying movement in mid-1997. Starting in 2001, WBI principals began lobbying for legislation as amateurs. The work has grown into a national network of volunteer Coordinators in 29 states with varying levels of advocacy experience. WBI directs the citizen lobbyists to unify the message. WBI provides Coordinators with training, materials and the text of the HWB.
Suffolk University Law Professor David Yamada authored the HWB for WBI in order to provide employees with an avenue for redress when health-harming abusive conduct is not addressed by Civil Rights laws. Additionally, the bill does not mandate employer action or government involvement. It does reward good employers with freedom from vicarious liability when they take proactive steps to correct and prevent severe bullying behavior. The only employers who should fear the law are the ones that rely upon abusive tactics to manage.
Though 16 states have introduced several versions of the HWB since the first California bill in 2003, no state yet has passed the bill into law.
Tags: bill history, Healthy Workplace Bill, legislative campaign, workplace bullying institute