Specific State Laws

In 2003, California became the first state to consider a workplace anti-bullying bill. The following other states have considered workplace abuse legislation: Connecticut, Hawaii, Illinois, Kansas, Massachusetts, Missouri, Montana, Nevada, New Jersey, New York, Oklahoma, Oregon, Utah, Vermont, Washington and Wisconsin.  The New York bill was approved by the N.Y. Senate but died in the House. The Illinois Senate passed a bill that would cover only public sector employees but that bill also died in the House.

Much of the focus of bullying  in the United States is centered on the school yard. However, this effort also may be seen as building a foundation to protect Americans in the workplace.

Just as children are required to go to school, Americans who are not retired or disabled have little choice but to work to make a living.  PGB

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In April  2010 the Massachusetts’ state legislature unanimously passed Title 12, Chapter 71, Section 370,  which is called the toughest anti-bullying law in the nation with respect to schools. The law was precipitated by two cases of  Massachusetts youths committing suicide after allegedly being bullied. The legislation requires school employees to report and principals to investigate  all instances of bullying. However, it should be noted that this law requires repeated instances of bullying, which is not required in all anti-bullying laws. PGB

DEFINITION OF BULLYING  IN MASSACHUSETTS  SCHOOL ANTI-BULLYING LAW

“Bullying”, the repeated use by one or more students of a written, verbal or electronic expression or a physical act or gesture or any combination thereof, directed at a victim that:

(i)  causes physical or emotional harm to the victim or damage to the victim’s property;

(ii) places the victim in reasonable fear of harm to himself or of damage to his property;

(iii) creates a hostile environment at school for the victim;

(iv) infringes on the rights of the victim at school; or

(v) materially and substantially disrupts the education process or the orderly operation of a  school. For the purposes of this section, bullying shall include cyberbullying.

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The Hawaii State Senate in 2006 adopted a resolution urging State employers to implement standards of conduct and policies for managers and employees to reduce workplace bullying and promote healthful and safe work environments.

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