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Bill

SD 1853

An Act creating an employer’s duty of care to safeguard its employees from workplace bullying

194th Legislature (2025-2026) Introduced by Paul Feeney

Massachusetts bill requiring employers to establish bullying prevention, investigation, and response procedures with legal liability for inadequate safeguards.

House concurred
0
WeVote Research Nonpartisan
Bill Summary · SD 1853

Legislative bill overview

SD 1853 establishes a legal duty for Massachusetts employers to implement measures protecting employees from workplace bullying. The bill creates enforceable standards requiring employers to prevent, investigate, and address bullying conduct in the workplace, with potential liability for failures to do so.

Why is this important

Workplace bullying affects employee mental health, productivity, and retention while creating potential legal exposure for employers. Currently, Massachusetts lacks explicit statutory protections against bullying (as distinct from harassment based on protected classes), leaving affected workers with limited recourse and creating inconsistent employer obligations across the state.

Potential points of contention

  • Definitional challenges: "Bullying" lacks universal legal definition and differs from harassment; ambiguity could lead to inconsistent enforcement and disputes over what conduct qualifies
  • Employer burden and liability: Small and mid-sized businesses may face significant compliance costs for policies, training, and investigations; undefined liability standards could expose employers to extensive lawsuits
  • Balancing free speech and workplace conduct: Distinguishing between protected workplace speech, tough management, and actionable bullying creates gray areas that could chill legitimate workplace communication or management decisions

Compiled from official sources — confirm details with the bill’s official record.

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