In what could be the first in the nation, Massachusetts bill S.1170, accompanied by H1882, is making its way through the state legislature. It’s known as the Workplace Psychological Safety Act (WPSA) and focuses on mental and emotional health in the workplace, protecting workers from psychological abuse and bullying. This signals an interesting turn in the debate about workplace culture and how lawmakers can redefine the standards of what is a healthy work environment. Currently, the bill has been referred to the committee on Senate Ways and Means. Although the fate of the Massachusetts bill is unknown, it may lead to other legislation in other states or at the federal level that focuses on employee’s mental health. 

What the proposed legislation does

The WPSA gives workers more protection against abuse and discrimination in the workplace. Both Massachusetts and federal laws already prohibit discrimination against certain protected classes, such as race, gender, disability, etc. However, proving that the abuse occurred because of being in a protected class can be difficult.

In addition, if the abuse or discrimination occurs outside of being in a protected class, there may be no way to bring a claim against the employer that allowed the harassment to continue. The WPSA closes this gap. If this new legislation becomes law, employees could file a cause of action for an abusive work environment, which is defined as “an employment condition when an employer subjects an employee to abusive conduct that causes physical harm, psychological harm or both.”

Promoting psychological safety in the workplace 

Most employers would never allow physical abuse in the workplace, but psychological abuse, or bullying, is just as damaging as physical abuse. Under the current laws, it is more difficult to seek redress for bullying and psychological abuse, especially in marginalized classes, such as people of color, or those with disabilities.

Employers who don’t take action against employees who contribute to an abusive environment are seen to be just as abusive as the employees who committed the abuse. The 2016 EEOC Select Task Force for the Study of Workplace Harassment Report emphasized how current laws are not always adequate protection for bullying and psychological abuse. 

What is psychological safety? 

Harvard Business Review defines team psychological safety as “a shared belief held by members of a team that it’s OK to take risks, to express their ideas and concerns, to up with questions, and to admit mistakes — all without fear of negative consequences.” This allows team members the ability to ask tough questions or bring up risky ideas or topics to be more creative and innovative. It’s one element of a successful and productive organization. 

Is your workplace a safe space? 

Although psychological safety is often considered a trendy catchphrase for the newest generation of workers, it’s an important component in the workplace. Psychological safety gives everyone on the team a safe place to share opinions and bring up new ideas.

When key people in an organization make fun of or humiliate other employees for any reason, those people won’t share their knowledge and information. Whether the WPSA passes or not, it’s still important for employers to consider the mental health of their employees and how a team works together. Bullying isn’t just a problem for schoolchildren. It’s a significant problem for adults as well.

Employees should not be subject to abuse, physical or mental, while they’re working. Employers should be on alert to promote a healthy environment for all team members.