Forms of psychological intimidation and non-violent abuse, recognized recently in Massachusetts coercive control legislation, are widely embedded in domestic relationships and to a lesser degree have their parallel in workplaces where individual workers experience a pattern of behavior mimicking what may occur in the home. In addition, coercive control as it occurs as part of an existing domestic violence situation can often intrude into the workplace, even if the workplace itself may not be the environment where such abuse occurs. This article attempts to piece together the impact of coercive control in the workplace in Massachusetts and state legislation which can be used by victims of coercive control to overcome it.
What is coercive control?
For years, there were no specific laws that recognized forms of abuse and control that were not necessarily violent. Victims of domestic violence who had experienced physical attacks or sexual assault were able after a new state law was enacted in 1994, the Violence Against Women Act (VAWA), to take out a domestic violence order, known as a 209A order, which was designed to prevent an abuser from physical contact, usually by limiting proximity to their known victim. Physical abuse which involved physical forms of violence, threats of violence or sexual assault could also lead to an arrest of the abuser and a criminal charge laid against them.
For many years, victims of non physical abuse, principally in the home, and women’s rights groups campaigned for stronger action against abusers who did not fall into the category that might allow their victim to apply for a 209A order. In September 2024, Bill H.4744, “An Act to Prevent Abuse and Exploitation”, came into effect. The new legislation updated the 1994 VAWA to include two specific definitions of coercive control. The concept of coercive control was eventually legally defined in two different ways.
Firstly, it was any sort of behavior that involved “a pattern of behaviors intended to threaten, intimidate, harass, isolate, control, coerce, or compel compliance of a family or household member that causes that family or household member to reasonably fear physical harm or have a reduced sense of physical safety or autonomy”. Three patterns may determine the behavior to be coercive control. H.5744 mentions a minimum of 9 patterns, which include the following:
- compelling the victim to engage in or abstain from specific behaviors or activities;
- controlling, regulating, or monitoring the victim’s activities, communications, movements, finances, economic resources, or access to services, including through technology;
- depriving the victim of basic needs;
- intentionally damaging the victim’s property;
- isolating the victim from friends, relatives, and other sources of support;
- repeated unwarranted court actions against the victim;
- threatening cruelty to an animal connected to the victim;
- threatening to harm a child or relative of the victim;
- threatening to publish the victim’s sensitive personal information, including sexually explicit images.
A second legal definition is of a single type of behavior, which could include any of the following:
- causing the victim to fear physical harm or have a reduced sense of physical safety or autonomy;
- completed or attempted abuse of an animal connected to the victim;
- harming or attempting to harm a child or relative of the victim;
- publishing or attempting to publish sexually explicit images of the victim.
Coercive control in Massachusetts workplaces
Forms of bullying, intimidation and behavior control can exist in the workplace, just as much as in the home, although legal definitions and provisions for those workers who believe they are victims of workplace coercive control are not yet as advanced as defined in H.4744. Presently, both state and federal anti-discrimination laws are in place to prohibit behavior which is discriminatory against a “protected class”. For example, being denied promotion or being sexually harassed simply because of one’s gender, racial origin, religion, age, or belonging to several other categories may allow you to file a claim in the federal EOCC or the state’s own anti-discrimination body (MCAD). However, this is not the route available if you are a victim of coercive control due to a controlling relationship within the workplace.
So, what can you do?
There are several steps you can take if confronted by forms of intimidation similar to those described above in the section on H.4744. As with discriminatory behavior in the workplace, you should document everything you have experienced which can provide evidence of bullying, intimidating, threatening or other coercive behaviors. Try and keep copies of emails, text messages, notes or other written communication. Communicate, if you can with co-workers and share your experience. They may be able to act on your behalf if you later make a claim against your employer. Bring your complaints to HR, if that is possible. Again document anything that has been communicated with your employer regarding the pattern of behavior experienced.
Failing any resolution to your satisfaction, you should contact an employment lawyer about your situation. The lawyer may be able to intercede on your behalf to stop the behavior and if this fails, you may be able to file a Hostile Work Environment Lawsuit claim in court with the help of the lawyer.
Coercive control in state agencies
Massachusetts makes it easier for victims of coercive control in state workplaces as Executive Order 442 establishes the state’s zero-tolerance approach to this sort of behavior in state workplaces. Victims of coercive control in any form in a state agency should follow the steps outlined above in terms of documentation, approach to HR, retain as much as possible evidence of communication and contact a lawyer in the event that there is no resolution.
Leave for victims of domestic violence including coercive control
The other way that recent legal acknowledgement of coercive control as a form of domestic violence impacts on workplaces is the right to apply for leave, paid or unpaid, from your work to deal with the traumatic experience of domestic violence, or if a close family member needs support because they are a victim of domestic violence related behavior. Massachusetts law, MGL c. 149, § 52E provides the right to take 15 days off in any period of 12 months work as long as the workplace has 50 or more employees. The employer will usually need to have some proof of the reason for taking time off and will determine whether this is to be paid or unpaid time off.
Talk to a lawyer about your situation
It can be frightening and lonely attempting to deal with coercive control, whether it is in the home or at work, all by yourself. If all else fails, contact a family law or employment law attorney, depending on the environment and circumstances in which you are experiencing the controlling behaviors. You now have avenues you can take to stop the controlling and abusive behavior due to new legislation existing in Massachusetts. Your lawyer will explain your legal options.