WBI Healthy Workplace Bill
To Prevent & Correct Abuse at Work
This is the official home of the inaugural national grassroots movement to enact the anti-bullying Healthy Workplace Bill (HWB) in U.S. states. Its goal is to prevent and correct abusive work environments in American workplaces (see Features below).
The HWB is the boldest proposed change to U.S. employment law in 50 years. Current discrimination and harassment laws rarely address bullying concerns. Though bullying is more harmful to victims’ health than sexual harassment, it is still legal in the U.S. People deserve more protection against arbitrary cruelty than existing nondiscrimination laws afford.
Suffolk University Law Professor David C. Yamada, an employment law specialist, wrote the HWB. The Workplace Bullying Institute (WBI) network of volunteer citizen lobbyists has successfully had the bill introduced throughout the U.S. The map below charts the history and progress of the HWB movement since 2003 as it has been effectively opposed by the well-funded business and human resources (SHRM) lobbyists.
Details about the Workplace Bullying phenomenon can be found at the WBI website.
Features of the Healthy Workplace Bill
For Bullied Employees (Plaintiffs)
- Public lawsuits allow details of employer misconduct to be aired without gagging or suppression
- Plaintiffs can be anyone, not just “protected status group” members as discrimination and harassment laws require
- “Workplace bullying” is replaced with abusive workplace conduct, so as not be discounted or trivialized
- This would be a civil lawsuit. It’s about money for harm.
- Plaintiffs can show that they were distressed and suffered harm (happens in all cases of genuine bullying)
- Harm can be health, adverse employment actions or constructive discharge
- Plaintiffs may sue employers (with insurance to cover their costs) for exposure to a harmful work environment
- No workers comp claim if lawsuit is filed (except in Wisconsin where both are permitted)
- Retaliation for filing the lawsuit is also a violation
- If plaintiffs win, relief may include: reinstatement or bully removal, back pay, compensation for pain & suffering, back pay, front pay, compensation for emotional distress, punitive damages and attorney’s fees
For Good Employers
- If “reasonable care” to prevent & correct abusive conduct (meaning the creation of a relevant policy and enforcement procedures) is taken AND the employee fails to take advantage of the policy, the employer escapes (vicarious) liability
- Employers still have right to act on actual poor performance or investigated illegal or unethical activity by the employee
- In the absence of an adverse employment decision (termination, demotion, failure to promote, discipline, reduction in compensation), employers can only be liable for emotional distress damages if misconduct was extreme and outrageous
- Plaintiffs may choose to sue perpetrators who may only escape liability if they prove they acted at the direction of the employer under actual or implied threat of an adverse employment action
32 States Have Introduced the HWB
The purple states have previously introduced the HWB. The dark blue states have passed training-only mandates for all employers (California) or state-only employers (Utah).
During the 2023-24 two-year legislative session, the HWB is active in Massachusetts, New York and West Virginia. States with currently active bills are GREEN. Click on these states to see the current status and names of sponsors.
2024 Updates
On Jan. 25, 2024, in Massachusetts, S1170 reported favorably out of the Joint Labor and Workforce Development Committee and referred to the Senate Ways and Means Committee. Click on Massachusetts in the map below to see who is on the Ways and Means Committee.
On Jan. 25, 2024, in West Virginia, HB5100 was introduced, a re-introduction of the HWB by its sponsor.
Ways for Volunteers to Get Involved
Become a State Coordinator
This is a major responsibility. The group of volunteers in your state follow your lead. The role involves one or two annual trips to the state Capitol — Lobbying Days — to educate lawmakers in Meet ‘n Greet sessions. After you find the prime sponsor for the HWB, you may be asked by the prime sponsor to identify additional legislators to sign as co-sponsors. State Coordinators arrange for testimony (live, streamed, and written) when public hearings for the bill are scheduled. State Coordinators are the primary liaison between us and the lawmakers in your state. We will let you know if the position is available in your state. In 2024, we have Coordinators in California, Massachusetts, New York, West Virginia, and Utah.
Be a Citizen Lobbyist, Assisting the State Coordinator
You volunteer to tell your story in a brief, impactful manner when asked to support the request we make of lawmakers to sponsor the HWB, to testify at a committee hearing, and to tell media reporters your story to support enactment of the HWB into law. You may be asked to participate in Capitol Lobbying Days.
Coming in 2024 — New WBI Legislative Advocacy Toolkit
For registered State Coordinators and Citizen Lobbyists.
Be counted as a Supporter of the HWB
Your name is put on a list for State Coordinators to access when they are asked to show that constituents of lawmakers support HWB.
Register here to help turn the Healthy Workplace Bill into law in your state.
Puerto Rico Enacts
First Workplace Bullying Law in the U.S.
On Aug. 7, 2020, the PR governor Wanda Vázquez Garced signed into law “Act to Prohibit and Prevent Workplace Harassment in Puerto Rico” (House Bill 306). Without doubt, this law is the closest to the WBI Healthy Workplace Bill that has been introduced in 31 other U.S. States. “Workplace harassment” is defined as malicious, unwanted, repetitive and abusive, arbitrary, unreasonable and/or capricious behaviors by employers, his (sic) agents, supervisors or employees oblivious to the employer’s legitimate business interests that create an intimidating, humiliating, hostile or offensive work environment not suitable for a reasonable person to perform their duties or tasks in a normal manner. One corporate employment law firm said the bill passed despite strong employer resistance. State lawmakers should find the same courage the PR lawmakers did. Ignore whiny employers who think they have to bully to manage.