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History
- Recommit, enacting clause stricken
- Referred to labor
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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
BILL NUMBER:S3617
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
Section 761 defines 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, post traumatic 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.