1. education

j ust the facts
M TA G O V E R N M E N T R E L A T I O N S
H1728 – AN ACT PROHIBITING THE BULLYING OF PUBLIC EMPLOYEES
LEAD SPONSOR Rep. Peter Kocot (D-Northampton)
CO-SPONSORS
REPRESENTATIVES
Brian Ashe
Michael Brady
Paul Brodeur
Gailanne Cariddi
Edward Coppinger
Claire Cronin
Daniel Cullinane
Marjorie Decker
Michelle DuBois
Lori Ehrlich
Ann Margaret Ferrante
Sean Garballey
Colleen Garry
Danielle Gregoire
Paul Heroux
Louis Kafka
Mary Keefe
Kay Khan
Jay Livingstone
Timothy Madden
Paul Mark
Paul McMurtry
James Miceli
James Murphy
James O’Day
Sarah Peake
Alice Peisch
Thomas Petrolati
William Smitty Pignatelli
Denise Provost
Angelo Puppolo
John Rogers
Dennis Rosa
Thomas Sannicandro
John Scibak
Frank Smizik
Todd Smola
Thomas Stanley
William Straus
Benjamin Swan
John Velis
Chris Walsh
SENATORS
Sal DiDomenico
James Eldridge
Anne Gobi
James Welch
WHAT IS WORKPLACE BULLYING?
Repeated, health-harming mistreatment of one or more persons (the targets) by one or more persons that takes the following
forms: verbal abuse; offensive conduct/behaviors (including nonverbal) which are threatening, humiliating or intimidating; and work
interference which prevents work from getting done. (From Workplace Bullying Institute (WBI) at www.workplacebullying.org.)
According to the WBI, 37 percent of adult Americans have been subjected to workplace bullying. In its more severe forms, it
triggers a host of stress-related health complications: hypertension, autoimmune disorders, depression, anxiety, and PTSD. The
person’s immediate job and career are often disrupted.
BULLYING IN PUBLIC EDUCATION INSTITUTIONS – PRE-K THROUGH HIGHER EDUCATION
Staff, faculty, and others at our public higher education institutions have been the target of bullies, which has led to shortened
or ruined careers, as well as serious emotional and physical problems for those targeted and abused. The UMass Amherst
Chancellor’s office recognized this serious problem in 2013 and has attempted to address the problem with campus-wide
meetings, discussions, and trainings. (More information can be found at www.umass.edu/chancellor/content/workplace-climateand-bullying.)
The state’s current Bullying Law (MGL C. 71, S. 37O) is intended to protect students and to help create a safe and supportive
environment for the entire school community. Unfortunately, many teachers and staff report that while students are protected,
which is an important and positive change, under this new law teachers and staff are left unprotected.
Teachers and staff may be the targets of school administrators or other school staff, but students may also bully educators,
threatening physical violence, and making it difficult for teachers to do their jobs. In addition, parents and guardians can
sometimes take out their frustration or anger on teachers or other staff, creating a bullying situation.
WHAT THIS BILL DOES
Under current law, there is little that employees can do to stop bullying in the workplace. There are no federal or state laws that
protect employees against workplace bullying. While there are laws against harassment and discrimination in the workplace, this
protection only covers employees in certain classes (i.e., gender, race, age, etc.).
continued ➤
Kate Donaghey, Lobbyist | Catherine Fichtner, Lobbyist | Julie Johnson, Lobbyist | Sean King, Lobbyist
617.878.8119
j ust the facts
This bill changes the law in two ways, by:
■■ Prohibiting public employers from creating or maintaining an abusive work environment and allowing affected public
employees to obtain legal remedies, such as damages for harm caused by bullying or injunctions to stop or prevent such
bullying from continuing.
■■ Protecting public employees from hostile work environments created by others in the workplace, including, for example,
in schools, from students, parents or other non-school employees. The public employer would be required to respond to
allegations of bullying and to take actions to address such situations.
Kate Donaghey, Lobbyist | Catherine Fichtner, Lobbyist | Julie Johnson, Lobbyist | Sean King, Lobbyist
617.878.8119