Bill > S868

Introduced Session

This bill, the "Healthy Workplace Act," makes it an unlawful employment practice for an employer to permit an employee to be subjected to an abusive work environment, for an employer or any agent or employee of the employer to subject an employee to an abusive work environment, or for an employer to retaliate against an employee because the employee brings or participates in an action, investigation or proceeding related to the abusive work environment. The bill defines an "abusive work environment" as a workplace in which an employee is subjected to abusive conduct severe enough to cause physical or psychological harm. "Abusive conduct" is defined as workplace conduct of an employer or employee that a reasonable person would find hostile, including threatening, intimidating, or humiliating verbal or physical conduct, gratuitous sabotage or undermining of an employee's work performance, attempts to exploit an employee's known psychological or physical vulnerability, or repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets. The bill requires a court which determines that a defendant has violated the provisions of this bill to order, as applicable, an injunction to restrain any continuing violation, reinstatement of the employee, removal of any offending party from the employee's work environment, compensation for lost wages, benefits and other remuneration; compensation for medical costs and emotional duress; punitive damages; and reasonable costs and attorney's fees. Punitive damages are not allowed if the violation does not include an adverse employment action against the employee or result in lost work time, earnings or other benefits.

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Linda Greenstein (D)*, 

Introduced in the Senate, Referred to Senate Labor Committee (on 01/12/2016)