Bill > A1090

This bill, known as the "Healthy Workplace Act," aims to address health-endangering workplace bullying, abuse, and harassment by establishing new protections for employees and responsibilities for employers. The act defines "abusive conduct" as malicious behavior by an employer or employee that a reasonable person would find hostile, offensive, or unrelated to legitimate business interests, which can include repeated verbal abuse, threatening or humiliating actions, or sabotage, though a single act is only considered abusive if it's exceptionally severe. An "abusive work environment" is created when such conduct is so severe it causes physical or psychological harm. The bill makes it unlawful for an employer to subject an employee to abusive conduct or permit an abusive work environment, and also prohibits retaliation against employees who report or participate in actions related to this act. Employers found in violation can face penalties of up to $25,000, though they can use an affirmative defense if they took reasonable steps to prevent and correct abusive conduct and the employee didn't utilize those opportunities. The remedies provided are in addition to workers' compensation, with a stipulation that choosing workers' compensation for abusive conduct precludes pursuing separate legal action under this act. The Commissioner of Labor and Workforce Development is tasked with creating rules and regulations to implement the act, which takes effect immediately.