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S1823Senate2009-2010 SessionSame asA5414

Establishes a civil cause of action for employees who are subjected to an abusive work environment

Sponsor Thomas P. MorahanSD-38+4 co-sponsorsAffects Economy
Status
In Assembly Committee
Labor
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Labor

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Sponsors

Primary sponsor
Thomas P. Morahan

Senator · Senate District 38

History

  1. Referred to labor
  2. Delivered to assembly
  3. Passed senateVote 45–16
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.262
  7. Print number 1823b
  8. Amend and recommit to labor
  9. Referred to labor
  10. Committed to rules
  11. Advanced to third reading
  12. 2nd report cal.
Show 4 earlier actions
  1. 1st report cal.343
  2. Print number 1823a
  3. Amend and recommit to labor
  4. Referred to labor

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5414Assembly

Establishes a civil cause of action for employees who are subjected to an abusive work environment

In Assembly Committee · Labor · Sponsor Steven Englebright

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the labor law, in relation to establishing a private cause of action for an abusive work environment

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 environment; conduct; constructive discharge; employee; employer; malice; negative employment decision; physical harm; and psychological harm.

Section 3 defines Unlawful Employment Practice

Section 4 defines Employer Liability

Section 5 defines Defenses

Section 6 defines Retaliation

Section 7 defines Relief generally Employer liability

Section 8 defines Procedures Private right of action Time limitations

Section 9 defines Effect on Collective Bargaining Agreements

Section 10 defines Effect on other state laws other state laws Worker's compensation and election remedies

Justification

The social and economic well-being of the state is dependent upon healthy and productive employees. Surveys and studies have documented that between 16 to 21 percent of employees directly experience health-endangering 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, depression, posttraumatic stress disorder, reduced immunity to infection, stress related gastrointestinal disorders, hypertension, pathophysiologic 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

2009: Advanced to Third Reading 2008: S.8793/Referred to Rules

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.