H. 1771 would open small businesses up to lawsuits.
Massachusetts Legislature Considers Workplace Bullying Bill
Across the country, awareness of bullying has led many states to pass bills that prohibit the behavior in schools. Now, a movement is growing to do the same in the workplace. In Massachusetts, the Healthy Workplace Bill, H. 1771,may come up for a vote in the House before the session ends on July 31, and small business owners should contact their legislators to ask them to oppose this intrusive bill.
H. 1771 opens up a legal avenue for employees to file lawsuits against their employers or a coworker if they feel they have been bullied or subjected to an abusive work environment. Under the bill, behaviors like verbal abuse, nonverbal abuse, and undermining an employee’s work performance would be illegal.
While well-intentioned, the legislation is bad public policy. For small business owners who don’t have legal staff, a lawsuit filed for bullying allegations could be catastrophic. Even if the lawsuit is frivolous or if the employer prevails, he or she will still lose the time and expense of defending themselves legally. Furthermore, the language addressing bullying behaviors is vague and could be used to say that critical feedback or a reprimand is harassment.
Ultimately, H. 1771 intrudes on business owners’ ability to run their business, increases their legal liability, and opens them up to tremendous financial damages. Call your legislators today to tell them how H. 1771 would impact your business.
