Posts Tagged ‘Chamber of Commerce’

Healthy Workplace Bill legislation: A 2014 perspective on distorted amendments

Monday, July 14th, 2014

The Healthy Workplace Campaign is WBI’s effort to enact anti-bullying legislation for the American workplace state by state. The model bill is called the Healthy Workplace Bill (HWB).

Features of the HWB

• Suffolk University Law Professor David C. Yamada, text author, used federal Title VII Civil Rights laws as basis

• Defines severe abusive conduct — does not use term workplace bullying

• Provides legal redress for anyone subjected to abusive conduct, whether or not the person is a member of a protected status group

• Requires that abusive conduct result in either demonstrable health or economic harm to plaintiff

• Plaintiffs who file lawsuits make public formerly hidden, confidential employer processes that hide and deny bullying

• Prohibits retaliation against any participant in procedures involved in dealing with the abusive conduct complaint

• Requires plaintiffs to hire private attorneys, no fiscal impact on state government

• Provides incentives (affirmative defenses) for employers who implement genuine corrective procedures

• Preserves managerial prerogative to discipline and terminate employees

• Does not interfere with state workers’ compensation laws or union CBAs

We named the HWB in 2002. All other uses of the name HWB are unauthorized by us. California first introduced the HWB in 2003. It has been carried in over half of states and two territories since. The Workplace Bullying Institute trains and provides support to a national network of volunteer Sate Coordinators who lobby their respective state legislators to sponsor the HWB. You can track its status at the HWB website.

Botched Amendments & Unanticipated Consequences

As authors of the HWB, we naturally want the full and original version of the bill enacted into law. And we realize compromises will be made during the process. It is “sausage making,” after all. We just wish all bill sponsors would refuse to allow major revisions that change the spirit of the bill from protecting abused workers to something else. Since the HWB was first introduced, different amendments have been proposed or made.

Often the well-intended sponsor, a pro-worker advocate, agrees to compromise adopting the belief that the law can be built in steps. Let’s get this version passed now and it will be revisited in the coming years and supplemented with the other desired provisions.



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Posted in Employers Gone Wild: Doing Bad Things, Fairness & Social Justice Denied, Healthy Workplace Bill (U.S. campaign), Tutorials About Bullying, Unions, WBI Education, Workplace Bullying Laws | No Archived Comments | Post A Comment () »

Hampton Roads Chamber of Commerce: Workplace Bullying

Monday, March 11th, 2013

By Monica A. Stahly of Willcox & Savage

“Workplace bullying” is a somewhat novel and undeveloped employment law issue. However, it’s gaining traction, and attorneys and employers alike are taking note of emerging trial strategies, proposed legislation to regulate workplace behavior, and ways they can proactively promote a professional culture of civility.

Workplace bullying is not illegal—usually. Managers and employees can “legally” insult, intimidate, humiliate, threaten, deliberately ignore, and gossip about other coworkers, and they can engage in a whole slew of other offensive behaviors as long as the intended victim is not a member of a protected class. That means any employee who is not targeted based on race, ethnicity, religion, sex, disability, or age is hard pressed to find a legal remedy for workplace mistreatment. However, some relatively recent cases highlight how employees are starting to carve out a legal niche for workplace bullying claims.



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Posted in Media About Bullying | 1 Archived Comment | Post A Comment () »

Battle for the WBI Workplace Bullying law always uphill

Monday, May 28th, 2012

Healthy Workplace Bill

People ask why our Healthy Workplace Bill (HWB) legislation in the U.S. states has not yet been passed into law in any state. Not for lack of trying, of that we are certain. People who only casually observe politics are not aware of the power the business lobby exerts in each state. Here’s a mini-lesson about the current landscape in which gay marriage can pass but a bill prohibiting health-harming abusive conduct faces nearly insurmountable obstacles.



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Posted in Fairness & Social Justice Denied, Healthy Workplace Bill (U.S. campaign), Tutorials About Bullying | No Archived Comments | Post A Comment () »

Paid Sick Leave : Healthy Families Act (Federal)

Wednesday, June 10th, 2009

On June 11 in the Workforce Protections Subcommittee of the House Committee on Education and Labor, a hearing will be held for House version of the paid sick leave bill called the Healthy Families Act [In the House, it is HR 2460 (Rep. Rosa DeLauro, CT) and in the Senate it is S 1152 (Sen. Edward Kennedy (MA)]. The modest bill would guarantee 7 paid sick days per year for workers at businesses with 15 or more employees, to be used to recover from routine illness, care for a sick family member, or seek services to recover from domestic violence.

The folks at want you to sign their petition alerting your U.S. Rep and Senators to support the respective bills. The U.S. Chamber of Commerce will certainly fight this pro-employee health bill. They will claim it interferes with employers’ ability to “compete.”

Read the related report exposing America’s dismal denial of paid sick leave.

Stay tuned.


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Posted in Bullying & Health, Fairness & Social Justice Denied, Healthy Workplace Bill (U.S. campaign) | 2 Archived Comments | Post A Comment () »

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