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S 1347

An Act relative to workplace psychological safety

194th Legislature (2025-2026) Introduced by Mike Brady and 7 co-sponsors

Massachusetts bill makes workplace bullying unlawful, requires prevention and reporting by employers, and gives victims a private right of action with damages and remedies.

Bill reported favorably by committee and referred to the committee on Senate Ways and Means
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Bill Summary · S 1347

Summary of S. 1347: An Act Relative to Workplace Psychological Safety

Aimed at establishing workplace psychological safety, S.1347 would deem workplace bullying an unlawful practice in Massachusetts and create obligations for employers and representative employees to prevent and address bullying, with a private right of action for aggrieved employees.

Purpose and Scope

  • Declares workplace bullying unlawful and requires employers and representative employees to take preventive and responsive measures to ensure safe work environments.
  • Defines key terms and sets criteria for when conduct constitutes workplace bullying.

Key Definitions

  • Representative employee: An employee in a leadership, management, or legal position who advises on, oversees, or enforces organizational policies.
  • Workplace bullying: Unwelcome, degrading, and dehumanizing conduct that is severe or pervasive enough to create a toxic, hostile, or abusive work environment. Minor slights or isolated incidents are excluded unless serious.

Core Requirements for Employers and Representative Employees

  1. Prevention and response:

    • Acknowledge and respond to bullying complaints within a reasonable time frame appropriate to urgency.
    • Implement a transparent, timely complaint process including fair fact-finding investigations and timely reports of findings.
    • Apply a transparent disciplinary process (e.g., coaching, counseling, warnings, or other actions) aligned with offense severity; possible removal of supervisory duties or termination.
    • Maintain accurate records of complaints, findings, and discipline.
    • Write, distribute, post, and provide a written anti-bullying policy within 90 days, including anti-retaliation measures and reporting methods; distribute to employees regularly.
    • Train all employees on preventive and reporting policies.

  2. Prohibitions related to bullying complaints:

    • Prohibits mandating/forcing mediation or arbitration before an employee retains counsel.
    • Prohibits mandatory non-disclosure or non-disparagement agreements related to bullying complaints.
    • Prohibits adverse employment actions against employees for opposing unlawful practices or exercising rights under this section.

  3. Enforcement and remedies:

    • Violations are enforceable via private right of action.
    • Remedies may include compensatory damages (economic and non-economic), punitive damages for extreme cases, injunctive relief, and restorative measures (e.g., correcting reputational harm).
    • The at-fault party pays the plaintiff’s reasonable attorneys’ fees and costs; prevailing employer is not entitled to fees.

Penalties, Damages, and Time Limits

  • For violators (employers or individuals): penalty not to exceed $100 per offense.
  • In other instances, the greater of all damages (economic/non-economic) or a minimum of $5,000 per violation, up to $15,000.
  • Three-year statute of limitations from the last violation to file a claim.
  • Pseudonyms permitted for plaintiffs upon request.

Practical Impacts

  • Broadening the scope of unlawful employment practices to explicitly include workplace bullying.
  • Mandates for policy development, training, complaint handling, and documentation.
  • Creates a private right of action, increasing potential litigation risk for employers and enabling victims to seek damages and injunctive relief.
  • Introduces defined thresholds for damages and a modest per-offense penalty, with higher potential damages for more substantial harms.

Legislative Status and Timeline

  • Introduced: April 8, 2025.
  • Read twice and referred to the Committee on Health, Education, Labor, and Pensions (same day as introduction).
  • Hearing scheduled (as of June 12, 2025) for June 18, 2025.
  • Reported favorably by committee and referred to the Senate Ways and Means on October 2, 2025.
  • Status: Bill reported favorably by committee and referred to Senate Ways and Means; further actions pending.

Sponsors and Related Measures

  • Reported sponsor list includes Robyn K. Kennedy and additional sponsors; related to Senate linkage and potential replacements (SD 1725 referenced as related/replaces in the docket). Note: some sponsor listings in the provided material may reflect cross-listings or clerical alignment with federal names.

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

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