AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WORKPLACE PSYCHOLOGICAL SAFETY ACT (Prohibits psychological abuse in the workplace by employers or co-workers, ensuring a safe environment for employees, provides protection, civil remedies, and penalties for employers based on revenue.)

H7121

2026 -- H 7121
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LC003838
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- WORKPLACE PSYCHOLOGICAL
SAFETY ACT

Introduced By:
Representatives J. Lombardi, Hull, Cruz, and Stewart

Date Introduced:
January 15, 2026

Referred To:
House Labor
It is enacted by the General Assembly as follows:
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SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS"
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is hereby amended by adding thereto the following chapter:
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CHAPTER 61
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WORKPLACE PSYCHOLOGICAL SAFETY ACT
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28-61-1. Short title.

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This chapter shall be known and may be cited as the "Workplace Psychological Safety
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Act."
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28-61-2. Public policy.

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(a) This chapter sets forth a public policy acknowledging and addressing the relevance and
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importance of mental health as an integral aspect of human well-being, and therefore, employee
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well-being. This chapter also sets forth a public policy against any type of psychological abuse that:
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(1) Violates an employee's right to a physically and psychologically safe work
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environment; and
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(2) Injures an employee, hinders the performance of an employee, stigmatizes the
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employee, and/or undermines the dignity of the employee.
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(b) This chapter declares and reasserts the obligation of employers to keep their employees
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and their work environment safe, as set forth in laws throughout the state and the federal
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government, including the Department of Labor Standards, a part of the Executive Office of Labor

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and Workforce Development, the U.S. Department of Labor and the U.S. Occupational Safety and
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Health Act, (OSHA) which includes psychological safety.
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28-61-3. Purpose.

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It is the purpose of this chapter to:
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(1) Recognize and protect an employee's right, not only to a physically safe work
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environment but also to a psychologically safe work environment in the workplace.
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(2) Recognize and promote an employer's responsibility to acknowledge, monitor, prevent,
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discourage, and adequately address issues of psychological abuse in the workplace.
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(3) Provide legal incentive for employers to acknowledge, monitor, prevent, discourage,
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and adequately address issues of psychological abuse to eliminate such behaviors before they
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disrupt the safety of the work environment and/or cause subsequent harm to employees.
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(4) Provide legal relief and remedy for employees, harmed psychologically, emotionally,
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physically, professionally, or economically by exposure to an unsafe, toxic work environment,
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including any subsequent damages to make the harmed employees whole.
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28-61-4. Scope of application.

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This chapter shall apply to all employees, regardless of the nature of their job.
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28-61-5. Definitions.

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For the purposes of this chapter, the terms used herein shall have the meanings set forth in
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this section:
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(1) "Bullying" means interpersonal abuse that operates employee(s)-to-employee(s),
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especially superior(s) to subordinate(s).
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(2) "Mobbing" means an interpersonal abuse system that operates employer-to-
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employee(s).
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(3) "Psychological abuse" means mentally provocative harassment. Mistreatment that has
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the effect of hurting, weakening, confusing, or frightening a person mentally or emotionally causing
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harm and the impairment of a person's mental health, as established by competent evidence.
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(4) "Psychological injury" means impairment of a person's mental health, as established by
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competent evidence and may manifest mentally, emotionally, or physically.
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(5) "Psychologically safe work environment" means a work environment free of
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psychological abuse.
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(6) "Physical injury" means impairment of a person's physical health or bodily integrity, as
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established by competent evidence and which may manifest mentally, emotionally, or physically.
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(7) "Reasonable person" means an unbiased person who displays reason, fairness, caution,
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and care.

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(8) ''Representative employee" means administrative employees in leadership and/or
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management positions, whose responsibility is to oversee and enforce organizational policies,
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including, but not limited to, CEOs, CFOs, presidents, vice presidents, executive directors,
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members of a board of directors, or employees employed in the areas of human resources, legal, or
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diversity, equity, and inclusion.
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(9) "Third party" means a neutral person, with no prior affiliation with the parties.
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(10) "Toxic work environment" means an intolerable employment condition, in which a
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reasonable person would find it difficult, uncomfortable, and/or an impossible environment to
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perform their workplace duties and tasks.
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28-61-6. Employee right to dignity and a psychologically safe work environment.
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Every employee shall have the right to a work environment that is safe and affords them
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the dignity, to which all human beings are entitled, free from all forms of psychological abuse.
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28-61-7. Employer responsibility to provide safe work environments and ensure
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worker dignity.

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Employers have a general duty to provide a safe work environment, free from all forms of
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abuse including psychological abuse. Employers have a general duty to ensure that all employees
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are treated respectfully and with dignity.
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28-61-8. Prohibited activity.

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(a) It shall be an unlawful employment practice for any employer or employee to engage
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in the psychological abuse of another employee, that creates a toxic work environment in which a
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reasonable person would find intolerable to perform their regular workplace duties and tasks, has
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the ability to cause injury, and/or jeopardizes future career prospects, without just cause. The
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determination of which shall be conducted from the view of a reasonable person, under the totality
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of the circumstances, its impact on the work environment of the employee, and/or its subsequent
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impact on the employee's well-being.
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(b) It shall be an unlawful employment practice to retaliate in any manner against an
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employee, who has opposed any unlawful employment practices under this chapter, including, but
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not limited to, filing a claim internally or externally on behalf of oneself or another objecting to
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behavior in violation of this chapter, whether as an complainant, witness, or advocate.
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(c) It shall be an unlawful employment practice to require any complainant under this
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chapter, to enter into mediation or forced arbitration.
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(d) Conduct that does not constitute psychological abuse includes, but is not limited to:
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(1) Acts intended to exercise a supervisor's authority to discipline with just cause and
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conducted in a progressive disciplinary manner, in compliance with policies and laws;

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(2) Demands for protecting the confidentiality of the services provided by the employer;
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(3) The formulation or promulgation of regulations or memoranda to direct the operations,
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maximize efficiency, and evaluate employees' performance, based on the general objectives of the
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employer;
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(4) The temporary assignment of additional duties when necessary to ensure the continuity
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of services;
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(5) Administrative actions directed to the completion of an employment agreement, with
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cause; and
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(6) Employer's affirmative actions to enforce the provisions of a human resources
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regulation, clauses of employment agreements, or obligations, duties, and prohibitions established
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by law.
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(e) Concerted activity/Section 7 activity under the National Labor Relations Act, as
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interpreted by the National Labor Relations Board, shall not be construed as psychological abuse.
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28-61-9. Procedure.

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(a) Every employer shall be responsible for taking all reasonable measures to acknowledge,
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monitor, prevent, discourage, and adequately address incidents of psychological abuse.
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(b) Within one hundred eighty (180) days of the effective date of this chapter, every
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employer shall:
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(1) Adopt and implement preventive controls and detective controls to include internal
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policies against psychological abuse, including anti-retaliation policies, consistent with this
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chapter. Policies should include a broad reporting procedure, including formal and informal
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reporting methods.
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(2) Notify and train all managers, supervisors, and other representative employees as to
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handling complaints of psychologically abusive behavior, including the employer's reporting
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provisions and policies to acknowledge, monitor, prevent, discourage and adequately address all
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such complaints.
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(3) Post employees' rights under this chapter and employer reporting policies, in such a
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manner that all employees have access, including on the website, bulletin boards, job descriptions,
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and in applicable promotional materials.
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(4) Implement and uphold an effective anti-retaliation provision, that guarantees no
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retaliation against any employee, who has opposed any unlawful practice in a complaint under this
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chapter.
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(5) Implement an investigation policy for all complaints of psychologically abusive
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behavior, which includes notice provisions for complainant, regarding the status, completion, and

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outcome of the complaint and imposes a policy of progressive discipline for any employee
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determined to have engaged in psychologically abusive behavior.
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(6) Apply evaluation and discipline processes evenly and fairly to all employees.
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(7) Annually perform an anonymous workplace climate survey, with its results to be
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annually submitted to OSHA for private sector employers and the department of labor and training
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for public sector employers.
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(8) Report annually the number of employee complaints of abusive behavior, employee
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disciplines, workers' compensation claims, absenteeism rates, stress leave rates, attrition rates,
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discrimination complaints, investigation rates, follow up action rates, the workforce gender and
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racial makeup, and de-identified wage and salary data by protected category to OSHA for private
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sector employers and the department of labor and training for public sector employers, who shall
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make this information publicly available, at a minimum under the federal Freedom of Information
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Act, 5 U.S.C. § 552.
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(c) If the employer proves to have exercised reasonable care to prevent and promptly
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correct the conduct, such employer shall be held harmless, from any claim under the provisions of
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this chapter.
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(d) The aggrieved employee shall have the following options to notify the employer of the
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complaint, without use of the employer's protocol:
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(1) File a complaint which the employer will not receive a copy of the complaint until there
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is litigation, that discloses the complainant's identity directly to the department of labor and
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training. The department shall:
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(i) Evaluate the conditions described in the complaint.
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(ii) If it is determined that the complaint describes a potential violation, assign the case to
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an inspector.
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(iii) Contact the employer in writing and require the employer to respond by a due date,
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with proof that the hazard has been corrected; or make an appointment for a site visit prioritized,
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according to the nature of the hazard; or phone or visit the workplace the same day, if there is
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imminent danger and issue fines and/or penalties, including legal action, to violators.
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(iv) Make violations of this chapter available to the public per the Freedom of Information
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Act, redacting all private information as to the aggrieved employee, including their name to protect
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their privacy and not interfere with future job prospects.
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(v) If applicable, forward the complaint to another agency with jurisdiction including
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OSHA for private sector employees.
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(vi) Collect and maintain data on the effectiveness of this chapter, as determined by a

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decrease in employees self-reporting experiencing psychological abuse at work.
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(2) File suit against the employer for violation(s) of this chapter, directly through the
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judicial branch.
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28-61-10. Employer liability.

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Any employer that allows, engages in, or promotes psychological abuse, whereby creating
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a toxic work environment, shall be liable to the affected employee(s).
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Every employer shall:
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(1) Be liable for failing to take the appropriate measures to provide employees with a
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psychologically safe work environment, as outlined in this chapter.
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(2) Be liable for engaging in any violation of this chapter.
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(3) Be liable for any damages, including economic, compensatory, and punitive damages,
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to any employee who has been subjected to work in a toxic work environment, as outlined in this
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chapter in the scope of their employment, unless the employer can demonstrate they have met all
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elements of the affirmative defense provided in § 28-61-12. An employee is entitled to recover the
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greater of all actual damages or five thousand dollars ($5,000) for each violation of this chapter.
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(4) If not prevailing, be liable for the plaintiff's reasonable attorneys' and witnesses' fees
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and costs.
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28-61-11. Scope of the protection.

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(a) Any person who reports psychological abuse, shall be protected by this chapter.
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(b) No person shall aid, abet, incite, compel, or coerce the doing of an act forbidden under
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this chapter or to attempt to do so.
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(c) No employer shall terminate, sanction, mislead, coerce, intimidate, threaten, interfere
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with, discriminate against, or otherwise retaliate against any person in the opposition of unlawful
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employment practices or exercise of any right under this chapter, including, but not limited to, an
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employee as to the terms, conditions, compensation, location, benefits, or privileges of employment
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because the employee or witness offers or attempts to offer, verbally or in writing, any testimony,
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statement, information, or claim to a labor union, human resources office, employer office,
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legislative, administrative, or judicial forum, or any other internal or external office or otherwise
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engages in any other reasonable participation in a claim under this chapter, insofar as such
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statements constitute a disclosure of privileged information, as provided by law.
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(d) The employee shall show proof of the violation through direct and circumstantial
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evidence.
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(e) The employee may establish a prima facie case of violation of the law, by proving that
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the employee reported an incident of workplace psychological abuse and was subsequently

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terminated, threatened, or discriminated against in their employment. Once the prima facie case is
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established, the employer may allege and provide a legitimate and nondiscriminatory ground for
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the termination. If the employer alleges and provides such grounds, the employee shall show that
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the grounds alleged by the employer were a mere pretext for termination.
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28-61-12. Affirmative defense.
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(a) An employer may establish an affirmative defense to psychological abuse under this
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chapter, where the employer took all steps outlined in this chapter to acknowledge, monitor,
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prevent, discourage, and adequately address the issues and complaints surrounding allegations of
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psychological abuse and exercised reasonable care to prevent and promptly correct any violation
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in this chapter or acted with just cause.
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(b) This chapter requires employers to take all reasonable necessary steps to adequately
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address complaints of psychological abuse, an employer shall not be exempt from liability if the
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employer or its representative employees or supervisors knew or should have known of said
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conduct and failed to acknowledge, monitor, prevent, discourage, or address the allegations of
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psychological abuse and promptly correct the situation.
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(c) The affirmative defense specified in subsection (a) of this section shall not be available
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when the employer or its representative employees or supervisors engage in prohibited conduct.
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28-61-13. Remedies.

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(a) Complainants who prove a violation of this chapter, shall be entitled to all remedies
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necessary to make such complainants whole.
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(b) In ordering a remedy or judgment the court may consider:
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(1) The extent or pervasiveness of the toxic atmosphere of the work environment;
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(2) Whether the defendant has acknowledged or apologized for the conduct; and
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(3) Whether the employer has instituted corrective training and/or discipline for violations
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of this chapter.
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(c) The court may order on behalf of the prevailing plaintiff:
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(1) Reinstatement of work;
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(2) Economic damages for lost wages;
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(3) Expenses related to treatment related to the psychological abuse, including future
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medical expenses for psychological injury or resulting physical injury;
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(4) Compensable damages to compensate for the resulting pain and suffering and emotional
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and psychological damages;
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(5) Punitive damages to deter future acts of psychological abuse;
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(6) Injunctive relief, whereby the court may enjoin the defendant from engaging in the

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unlawful employment practice;
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(7) Public notification of the case outcome, without disclosing the plaintiff's name, if
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desired by the plaintiff;
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(8) Attorneys' fees for the prevailing plaintiff; and
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(9) Any other relief deemed appropriate, including restorative measures, including
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modification of the disciplinary record of the employee and/or organizational training.
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28-61-14. Statute of limitations.
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Any person who has a cause of action under the provisions of this chapter, shall have the
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later of a period of three (3) years to file said cause of action from the last alleged psychologically
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abusive behavior from the employee with OSHA, or the department of labor and training (DLT),
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or a private cause of action. If a claimant files a complaint with OSHA or DLT, the statute of
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limitations for filing a private cause of action is tolled until final action or determination is made
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by OSHA or DLT.
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28-61-15. Severability clause.

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If any clause, paragraph, subparagraph, article, provision, section, or part of this chapter
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are held to be unconstitutional or void, the holding to that effect shall not affect, impair, or
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invalidate the remainder of this chapter. The effect of said holding shall be limited solely to the
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clause, paragraph, subparagraph, article, provision, section, or part thereof thus held to be
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unconstitutional or void.
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28-61-16. Conflict with laws.
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(a) Nothing in this chapter should limit employee rights under any other law including
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OSHA, laws under state-level OSHA agencies or their equivalent, Title VII of the Civil Rights Act,
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the Americans with Disabilities Act, the Age Discrimination in Employment Act, state EEO laws,
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the National Labor Relations Act (NLRA), and state labor rights laws.
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(b) Nothing in this chapter shall restrict workers from negotiating broader protections
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through collective bargaining or other concerted activity.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- WORKPLACE PSYCHOLOGICAL
SAFETY ACT
***
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This act would prohibit any type of psychological abuse in the workplace inflicted by an
2
employer, upon an employee or by a co-employee upon an employee, that results in the violation
3
of an employee's right to a physically and psychologically safe work environment.
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This act would also provide an employee, subject to bullying, psychological abuse,
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psychological injury and/or physical injury, with protections in the workplace and civil remedies
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against perpetrators of any prohibited activity. This act would further assess civil penalties upon
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employers violating the act, based upon the gross amount of revenues earned by employers, in
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addition to civil liability for damages sustained by the employee, as well as civil and criminal
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liability for any such conduct of a co-employee.
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This act would take effect upon passage.
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