RELATING TO LABOR AND LABOR RELATIONS -- WORKPLACE PSYCHOLOGICAL, SAFETY ACT
S2502 creates a new chapter in Rhode Island labor law called the Workplace Psychological Safety Act. The bill declares workplace bullying unlawful and defines it broadly as unwelcome, degrading, or dehumanizing conduct that is severe or pervasive enough to create a hostile or abusive work environment and interfere with an employee’s job performance. It applies to employers with at least 15 employees and covers a wide range of workers, including full-time, part-time, temporary, contracted employees, and independent contractors.
The bill requires employers and “representative employees” in leadership, management, or legal roles to take reasonable steps to prevent and respond to bullying. Those steps include timely complaint handling, fair investigations, disciplinary action where appropriate, recordkeeping, written anti-bullying and anti-retaliation policies, and employee training. It also prohibits mandatory mediation or arbitration before an employee has retained counsel, bans nondisclosure and non-disparagement agreements tied to bullying complaints, and bars retaliation or other adverse employment actions against employees who assert rights under the chapter.
If enacted, the bill would add a new private right of action to Rhode Island law, allowing employees to sue individual employees and/or employers for violations and seek compensatory damages, punitive damages in extreme cases, injunctive relief, restorative measures, and attorneys’ fees. It also sets a three-year limitations period, allows pseudonymous filings in retaliation-risk cases with court approval, and requires a Department of Labor and Training review five years after the effective date. The bill would significantly expand employer compliance obligations and expose covered employers to civil liability for workplace bullying and related retaliation.
The available voting history suggests the bill received some committee support but was not advanced, as the Senate Labor & Gaming Committee voted 7-0 to hold it for further study. That outcome indicates interest in the issue of workplace psychological safety, but also a willingness to continue examining the bill’s scope and consequences before moving it forward. No committee transcript is available, so the broader discussion record is limited.
The main points of contention are likely the bill’s broad definition of bullying, its application to a wide range of workers, and the creation of a private lawsuit remedy with damages and fee-shifting. Employers may be concerned about compliance burdens, litigation exposure, and the bill’s restrictions on arbitration, mediation, and confidentiality agreements. Employee advocates are likely to support the measure’s anti-retaliation protections, reporting requirements, and remedies for psychological abuse in the workplace. The committee’s decision to hold the bill for further study suggests unresolved questions about implementation, enforcement, and the balance between employee protections and employer discretion.