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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- WORKPLACE PSYCHOLOGICAL

SAFETY ACT

     Introduced By: Senators Ciccone, and Burke

     Date Introduced: April 07, 2025

     Referred To: Senate Labor & Gaming

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 61

WORKPLACE PSYCHOLOGICAL SAFETY ACT

     28-61-1. Purpose.

     It is the purpose of this chapter to ensure the psychological safety of employees and/or the

work environment without regard to protected class status by holding employers accountable for

bullying conduct.

     28-61-2. Definitions.

     For the purposes of this chapter, the following words and phrases shall have the following

meanings:

     (1) “Employee” means any person who renders services to an employer, contractor, or any

other entity and receives compensation for those services, including full- and part-time paid

employees, temporary employees, contracted employees, and independent contractors.

     (2) “Employer” means a person or entity of any size who obtains services from a full- or

part-time paid employee, temporary employee, contracted employee, or independent contractor and

hires at least one employee for any compensation. This chapter applies to employers with a

minimum of fifteen (15) employees only.

     (3) “Representative employee” means an employee in a leadership, management, or legal

position whose responsibility is to advise on, oversee, and/or enforce organizational policies.

     28-61-3. Workplace Bullying Regulation.

     (a) Workplace bullying shall be unlawful. Workplace bullying is unwelcome, degrading,

and dehumanizing conduct, that is severe or pervasive enough to create a work environment that a

reasonable person would consider threatening, hostile, or abusive and that unreasonably interferes

with the target’s ability to perform job duties. Conduct may include false accusations, sabotage of

work performance, consistent ignoring or ostracism, removal of major responsibilities, consistent

unreasonable workloads, excessive monitoring, consistent micromanagement, persistent

hypercriticism, impossible deadlines, pressure to engage in unethical behavior or give up rights or

benefits, retaliation for speaking up, or repeated verbal abuse. Isolated, minor incidents, expressions

of disagreement, and constructive feedback are not bullying unless they meet the severe or

pervasive standard. Workplace bullying may be perpetrated by one or more persons. Workplace

bullying is found by a review of the totality of the circumstances including, but not limited to, the

nature, frequency, and duration of the conduct.

     (b) Employers and representative employees shall take all reasonable preventative and

responsive measures to provide safe work environments free from bullying by:

     (1) Acknowledging and responding to complaints of bullying within a reasonable time

frame appropriate to the level of urgency;

     (2) Providing and executing a transparent, timely complaint process that includes a

legitimate, fair, fact-finding investigation and the issuance of timely and accurate reports of

findings;

     (3) Providing and executing a transparent disciplinary process according to the severity of

the offense within a reasonable time frame, if applicable including, but not limited to: coaching,

counseling, a warning, or other disciplinary action, including removal of supervisory duties and/or

termination;

     (4) Maintaining accurate records of complaints, findings, and discipline;

     (5) Writing, distributing, posting, and otherwise providing a written preventative policy

against all forms of bullying, to include an anti-retaliation policy and an identification and

description of all reporting methods, consistent with this section and all other laws within ninety

(90) days. Such policies shall be distributed to employees on a regular basis.

     (6) Training all employees on such preventative and reporting policies. It shall be

considered an affirmative defense for an employer to take prompt, good-faith steps to address

alleged bullying with a threshold of evidence.

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     (c) It shall be unlawful for an employer or representative employee to:

     (1) Mandate mediation and/or arbitration of a bullying complaint prior to the employee’s

retaining of counsel. Voluntary mediation with both parties’ consent may be permitted only when

employees understand their rights before entering mediation and can consult with legal aid

organizations if they cannot afford an attorney. Employers shall be prohibited from requiring

arbitration as a condition of employment or filing a complaint;

     (2) Mandate, offer, or use a non-disclosure or non-disparagement agreement related to a

bullying complaint; and/or

     (3) Engage in an adverse employment action. An adverse employment action occurs when

an employee opposes an unlawful employment practice and/or exercises a right under this section

and is then the target of forced resignation, termination, demotion, unfavorable reassignment,

failure to promote, disciplinary action, reduction in compensation, constructive discharge, or a

similar action.

     (d) A violation or violations of any part of this section can be enforced by a private right

of action against an individual employee and/or employer in violation of this chapter.

     28-61-4. Damages.

     (a) Complainants who prove a violation of § 28-61-3 or any of its subparts shall be entitled

to all remedies necessary to make such complainants whole. Remedies shall include, but not be

limited to:

     (1) Compensatory damages to include economic (back pay and front pay and/or related

medical expenses) and non-economic (pain, suffering, and/or distress);

     (2) Punitive damages when a violation is extreme and/or egregious;

     (3) Injunctive relief whereby the court may enjoin the defendant from engaging in the

unlawful employment practice and may order any other relief deemed appropriate (reinstatement

of work and/or removal of the bullying employee from the complainant’s work environment and/or

removal of supervisory duties or termination of said employee);

     (4) Restorative measures (correction of reputational damage including false statements

made, the disciplinary record, and/or performance evaluations of the complainant and/or public

notification of the case without disclosing the plaintiff’s name if desired by the plaintiff).

     (b) In instances where the employer violates §§ 28-61-3(b)(5) and/or 28-61-3(b)(6), the

penalty shall not exceed one hundred dollars ($100) for each offense.

     (c) In all other instances, the complainant shall receive the greater of all damages as

identified above or five thousand dollars ($5,000) per violation of §§ 28-61-3(a), 28-61-3(b) and

or 28-61-3(c) for a maximum of fifteen thousand dollars ($15,000).

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     (d) The at-fault party shall pay the plaintiff’s reasonable attorneys’ fees and costs. A

prevailing employer shall not be awarded fees and costs.

     28-61-5. Employee rights.

     (a) Any person who has a cause of action under the provisions of this chapter shall have a

period of three (3) years after the last violation of § 28-61-3 to file said cause of action.

     (b) A pseudonym can be used in cases where the plaintiff can demonstrate a credible risk

of retaliation or harm at the plaintiff’s request, subject to the court’s approval.

     28-61-6. Review.

     A regulatory review of this chapter is required five (5) years after the chapter's enactment.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- WORKPLACE PSYCHOLOGICAL

SAFETY ACT

***

     This act would establish the workplace psychological safety act to provide protection for

employees from workplace psychological abuse (bullying) by requiring employers and

representative employees to take all reasonable steps to prevent workplace bullying and respond

appropriately to thereto.

     This act would take effect upon passage.

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