Harassment Protection Order May Assist Targets of Workplace Bullying in Massachusetts

by Jul 18, 2012

Massachusetts has taken one small step towards government ordered civil workplaces. They have passed a law that will assist folks being harassed at work, and it went into effect yesterday.
Previously, restraining orders against stalkers, abusers and those committing sexual assault were reserved for family members, roommates, spouses, or substantial dating relationships. The new law has made the ability to file a Harassment Protection Order (HPO) against anyone, regardless of relationship, available. That means one could potentially file an order against a co-worker or boss for bullying.
I’m no attorney though, so here is some useful information from attorney Phil A. Taylor, offered on his blog:

If one is being harassed, which is defined as “(i) 3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property; or (ii) an act that: (A) by force, threat or duress causes another to involuntarily engage in sexual relations; or (B) constitutes a violation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 43 or 43A of chapter 265 or section 3 of chapter 272″, one can now apply to the court for a harassment prevention, regardless of the presence of any family relationship.
A defendant in an action under Chapter 258E can be ordered to: “(i) refrain from abusing or harassing the plaintiff, whether the defendant is an adult or minor; (ii) refrain from contacting the plaintiff, unless authorized by the court, whether the defendant is an adult or minor; (iii) remain away from the plaintiff’s household or workplace, whether the defendant is an adult or minor; and (iv) pay the plaintiff monetary compensation for the losses suffered as a direct result of the harassment; provided, however, that compensatory damages shall include, but shall not be limited to, loss of earnings, out-of-pocket losses for injuries sustained or property damaged, cost of replacement of locks, medical expenses, cost for obtaining an unlisted phone number and reasonable attorney’s fees.”

More information on HPO’s can also be found on attorney Denise Murphy’s blog, at Women’s Law.org. The law’s verbiage can be found here, on Massachussets’ government website.

What are the implications for employers in Massachusetts?

You’re going to see a lot of advice online that includes implementing guidelines and training to be sure your workplace remains HPO-free. While these are useful tools, if you are working in the type of organization where HPO’s are possible, you’ve got more problems than training and policies can correct.

Take preventative measures. That means leadership will need to step up to the plate and be sure they are exhibiting exemplary behavior for others to follow suit. Develop an action plan for building a positive workplace culture – it should include performance management programs, building effective internal communication, mentoring programs, and a team of champions that will carry the action plan through, for example.

Do you know how much money chronically bad behavior costs your company? Spoiler alert – it’s a LOT higher than you want it to be. Download our data and worksheet to see how it’s costing your organization and what you can do to fix it.

 

About Catherine Mattice

Catherine Mattice, MA, SPHR, SHRM-SCP is President of consulting and training firm, Civility Partners, and has been successfully providing programs in workplace bullying and building positive workplaces since 2007. Her clients include Fortune 500’s, the military, several universities and hospitals, government agencies, small businesses and nonprofits. She has published in a variety of trade magazines and has appeared several times on NPR, FOX, NBC, and ABC as an expert, as well as in USA Today, Inc Magazine, Huffington Post, Entrepreneur Magazine, and more. Catherine is Past-President of the Association for Talent Development (ATD), San Diego Chapter and teaches at National University. In his book foreword, Ken Blanchard called her book, BACK OFF! Your Kick-Ass Guide to Ending Bullying at Work, “the most comprehensive and valuable handbook on the topic.” She recently released a second book entitled, SEEKING CIVILITY: How Leaders, Managers and HR Can Create a Workplace Free of Bullying.

Make a Positive Impact & Earn $ With Civility Partners

You read our blog every week because you care about an inclusive work environment for all individuals at all levels. Either you consult in a similar space, or want to have an impact on your own workplace. For the past 15 years, Civility Partners has been on a mission...

How to Coach Abrasive, or Bullying Leaders

Consider that abrasive leaders, or workplace bullies, engage in aggressive behavior mainly because they’ve been allowed to by their own boss, even encouraged to through promotions, accolades and increased pay.  Their high value to the organization (e.g., sales,...

MIT, Glassdoor, and Deloitte all say people care more about culture than pay: Why aren’t you focused on culture?

Research everywhere speaks volumes. It consistently highlights a significant shift: People care more about workplace culture than their salaries. So, why aren't more companies prioritizing workplace culture?   The Disconnect: Why Culture Gets Overlooked Here are...

3 Reasons Your Hiring Process is Too Lengthy and How to Fix it

Hiring the right person is essential, but a drawn-out hiring process can harm your organization more than you might realize. Missed opportunities, decreased productivity, and losing top candidates to competitors are just a few of the costly consequences. While being...

5 Skills Your Managers Need (But Probably Don’t Have) to Effectively Interview Job Applicants

Did you know that 76% of hiring managers admit that attracting the right job candidates is their greatest challenge? Why? Because many managers lack key skills needed for effective interviewing. Culture matters to employees, but it’s just as crucial for hiring. Keep...

Concerned about discussions of opposing political views at work?

Election season is here, bringing with it a flood of discussions, debates, and distractions. Add global tensions dominating the news, and it's easy to see why employees might struggle to stay focused… especially if they have opposing views from their colleagues… and...

3 Savvy Ways to Spend Your Budget Surplus

It’s halfway through the year, and for some companies, the fiscal year is wrapping up, leaving them with an unexpected budget surplus.  While it might be tempting to funnel these extra funds into new equipment or throw after-hours parties, there's a more strategic...

Implicit Bias Training That Works

A significant barrier to achieving a diverse and inclusive workforce is implicit bias. Implicit bias occurs when, for instance, you hear the word "engineer" and immediately assume it is a man, or hear "teacher" and assume it is a woman. Have you ever been guilty of...

Over 50% of Workers Now Value Balance and Belonging Over Climbing the Corporate Ladder

Yesterday, I came across research by Randstad and it really got me thinking about how much the workplace landscape is changing. This study included insights from 27,000 workers worldwide and what really caught my attention was that nearly half of the respondents—47%,...

Your Culture Matters as Much as Your Legal Compliance

Legal compliance serves as the bedrock of any organization. While it lays the foundation, a positive workplace culture breathes life into your organization. A strong, supportive culture fosters employee engagement, boosts morale, and enhances productivity.  This...