The Healthy Workplace Bill

01.03.23 08:00 PM - By Dr. Nan Cowardin-Lee

There is no status-blind law that directly addresses harassment in the workplace.

Workplace bullying is "repeated mistreatment; abusive conduct that is threatening, intimidating, or humiliating; work sabotage or verbal abuse." (Workplace Bullying Institute, 2021). During the Covid-19 Pandemic, while many workers toiled from home, The Workplace Bullying Institute's 2021 survey found that 43% of remote workers felt bullied. While efforts are being made in several states to pass legislation against bullying, the only state law we have is California law (Government Code section 12950.1) which instituted a bullying awareness training law in 2015 through AB2053.

This law requires that all California employers of 5 or more workers train their employees regarding sexual harassment and abusive conduct prevention. Every two years, non-supervisory employees must receive 1 hour of training, and supervisors must receive 2 hours of training. While sexual harassment is a form of abuse and bullying at work, workplace bullying training is often tacked on at the end, leaving much about the phenomenon unaddressed.

Further, the text of current law uses criteria to define “abusive conduct” (AKA bullying) that cannot be established in most cases. The law says,

For purposes of this section, “abusive conduct” means conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer's legitimate business interests.

The problem with this law is contained in the words “with malice.” Performing an act "with malice" means there is deliberate aforethought and intention to the conduct. For those of us who have been bullied by the experienced narcissist in the office setting, the general disposition of the person enacting the harm may seem like constant malice. Still, the actual proof of the behavior may not rise to a legal threshold for prosecution. Due to this issue which leaves most targeted workers “out in the cold,” Dr. David Yamada, the author of the first workplace bullying law, has further modified the Healthy Workplace Bill.

Information about the HWB can be found here: https://www.healthyworkplacebill.org

This bill places the responsibility on the individual abuser, not the company if the company has made efforts to ensure a healthy workplace.

If you would like to join a group working to guarantee workers’ rights against bullying under the law, the California Healthy Workplace Advocates (HWA) are seeking a California sponsor in the legislature. The California HWA was instrumental in obtaining a sponsor and legislation for AB2053, and they are working to pass the modified legislation. If you would like to join in this effort, the website address is: http://www.bullyfreeworkplace.org

Also, bills have been introduced in New York, Massachusetts, and West Virginia. The information is listed below so you can write to your representative if you are in those states:

· New York: A3330, sponsor Latoya Joyner; S1753, cosponsor Sen. Jessica Ramos.

· Massachusetts: SD712

· West Virginia: HB 3225

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