BILL NUMBER: S1893
SPONSOR: SANDERS
 
TITLE OF BILL:
An act to amend the labor law, in relation to establishing the New York
workplace bullying prevention act
 
PURPOSE::
To establish a civil cause of action for employees who are subject to an
abusive work environment.
 
SUMMARY OF PROVISIONS::
Clearly states the definitions of abusive conduct; abusive work environ-
ment; constructive discharge; adverse employment decision; physical
harm; and psychological harm.
Proposed section 762 of the labor law defines unlawful employment prac-
tice.
Proposed section 763 of the labor law defines employer liability.
Proposed section 764 of the labor law defines employee liability.
Proposed section 765 of the labor law defines affirmative defenses.
Proposed section 766 of the labor law defines burden of proof.
Proposed section 767 of the labor law defines remedies.
Proposed section 768 of the labor law defines enforcement.
Proposed section 769 of the labor law defines effect on collective
bargaining agreements.
Proposed section 769a of the labor law defines the effect of other laws.
 
EXISTING LAW::
There is currently no civil cause of action for workplace abuse.
 
JUSTIFICATION::
The social and economic well-being of the state is dependent upon heal-
thy and productive employees. Surveys and studies have documented that
between 16 to 21 percent of employees directly experience health-endan-
gering workplace bullying, abuse and harassment, and that this behavior
is four times more prevalent than sexual harassment alone. Surveys and
studies have also documented that abusive work environments can have
serious effects on targeted employees, including feelings of shame and
humiliation, stress, loss of sleep, severe anxiety, depres-
sion,:posttraumatic stress disorder, reduced immunity to infection,
stress related Gastrointestinal disorders, hypertension, pathophysiolog-
ic changes that increase the risk of cardiovascular disease and other
such effects.
This legislation will, provide legal redress for employees who have been
harmed, psychologically, physically, or economically. It will also
provide legal incentives for employers to prevent and respond to
mistreatment of employees at work.
 
LEGISLATIVE HISTORY::
2021-22 REFERRED TO SENATE LABOR
2021-22 referred to senate labor
2019-20 REFERRED TO SENATE LABOR
2019-20 referred to senate labor
2017-18 REFERRED TO SENATE LABOR
2017-18 referred to senate labor
01/14/16: Referred to Labor
01/13/15: Referred to Labor
2013-14: A4965 Referred to Labor
2013-14: S3863 (Sen. Savino) Referred to Labor
2011-12: A4258 Referred to Labor
2011-12: S4289 (Sen. Savino) Referred to Labor
2009-10: A5414-B Referred to Labor
2009-10: S1823-8 (Sen. Morahan) Passed Senate
2007-08: A10291 Referred to Labor
2007-08: S8793 (Sen. Morahan) Referred to Rules
 
FISCAL IMPLICATIONS::
None
 
LOCAL FISCAL IMPLICATIONS::
None
 
EFFECTIVE DATE::
This act shall take effect immediately.