Workplace Bullying Accountability Act

The WBI Anti-Bullying Legislative Campaign, 2025-26

Creates an employer’s Duty of Care to safeguard its employees
from Workplace Bullying

Why the WBAA?

As the longest-standing advocates for anti-workplace bullying legislation in the U.S. having introduced the Healthy Workplace Bill in California in 2003 and 31 other states and two territories since, WBI, in collaboration with David C. Yamada, Professor of Law, Suffolk University Law School, Boston, now brings forward an alternative model bill the Workplace Bullying Accountability Act (WBAA).

The WBAA bill is to be introduced in your STATE legislature, to be enacted as STATE law.

Workplace bullying is defined as an “abusive work environment” characterized by: repeated verbal abuse; conduct that is threatening, intimidating or humiliating; defamation of one’s reputation; work sabotage, undermining performance; and/or orchestrated ostracism.

WBAA Overview

Emphasizes employer PREVENTION and RESPONSE to workplace bullying
Duty to Respond compels the Accountability that employers rarely show
Gives employee control over acceptance of employer’s proposal to address the bullying
Easily incorporated into HR policies & procedures and union collective bargaining agreements

New Employer Duty of Care Obligations

Duty to Prevent

Duty fulfilled by:

Policy & procedures to address workplace bullying
Minimal policy provisions outlined
Annual employee training

Duty to Respond

Duty fulfilled by:

Good faith investigations of complaints
Compliance with policy
Relief (health, status restoration) for bullied workers
Remediaton/discipline for perpetrators

Duty Not to Retaliate

Retaliation prohibited for:

Filing a complaint
Participating in an investigation, arbitration, mediation or legal proceedings
Breach may be an independent legal claim

Employee can bring court action for the employer’s failure (Duty of Care breach)

Comparing the WBAA and HWB and WPSA

WBAA

Provides specific preventive and responsive measures employers can take to avoid liability
Reasonable, realistic measures for employers
No requirement of intentionality to define bullying
Responds to employer & advocates’ complaints about HWB
Remedies akin to those in contract law & union CBAs
Favors prevention & prompt resolution over litigation

Healthy Workplace Bill (the WBI HWB)

Civil legal action for severe workplace bullying
Threat of litigation is employer incentive
Punitive damages possible for emotional distress
Employer resistance to potential (but rare) large jury awards

History of the HWB

Workplace Psychological Safety Act (WPSA)

Written by employee advocates (not WBI affiliates)
Employer prerogatives can violate employee dignity
Employees can sue each other over minor perceived transgressions
Bullies can easily claim victimhood
Confusion: state law compelling federal agency involvement