Text of NY A 1202 (2024)

STATE OF NEW YORK ________________________________________________________________________ 1202 2023-2024 Regular Sessions IN ASSEMBLY January 13, 2023 ___________ Introduced by M. of A. JOYNER -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to requiring training to reduce abusive conduct and bullying in the workplace The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature hereby finds and 2 declares that abusive conduct and bullying in the workplace undermines 3 the morale, health, dignity and well-being of public servants and can 4 lead to stress, absenteeism, physical violence and reduced productivity. 5 The legislature further finds and declares it is in the best interest of 6 taxpayers that all state agencies, departments, offices, and taxpayer 7 supported workplaces are free from bullying and other abusive behavior 8 and that annual training should be required to help reduce the incidence 9 of bullying and abusive behavior in the workplace. 10 § 2. The labor law is amended by adding a new section 27-e to read as 11 follows: 12 § 27-e. Abusive conduct and bullying in the workplace prevention 13 training. 1. For purposes of this section, the following terms shall 14 have the following meanings: 15 (a) "abusive conduct" means the verbal, non-verbal, or physical 16 conduct of an employee to another employee that, based on its severity, 17 nature and frequency of occurrence, a reasonable person would determine: 18 (1) is intended to cause intimidation, humiliation, marginalization, 19 or unwarranted distress; or 20 (2) results in substantial physical or psychological harm as a result 21 of intimidation, humiliation, marginalization, or unwarranted distress; 22 or 23 (3) exploits an employee's known physical or psychological disability. 24 A single act does not constitute abusive conduct unless it is especially 25 severe and egregious. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04456-01-3 A. 1202 2 1 (b) "bullying" means the creation of a hostile work environment by 2 conduct or by threats, intimidation or abuse, including cyberbullying, 3 that: 4 (1) has or would have the effect of unreasonably and substantially 5 interfering with an employee's performance, opportunities or benefits, 6 or mental, emotional or physical well-being; or 7 (2) reasonably causes or would reasonably be expected to cause an 8 employee to fear for his or her physical safety; or 9 (3) reasonably causes or would reasonably be expected to cause phys- 10 ical injury or emotional harm to an employee; or 11 (4) occurs away from the worksite and creates or would foreseeably 12 create a risk of substantial disruption within the work environment, 13 where it is foreseeable that the conduct, threats, intimidation or abuse 14 might reach the work location. Acts of bullying shall include, but not 15 be limited to, those acts based on a person's actual or perceived race, 16 creed, color, weight, national origin, ethnic group, disability, fami- 17 lial status, sexual orientation, military status, gender identity or 18 expression or sex. For the purposes of this definition the term 19 "threats, intimidation or abuse" shall include verbal and non-verbal 20 actions. 21 (c) "cyberbullying" means harassment or bullying as defined in para- 22 graph (b) of this subdivision, including subparagraphs one, two, three 23 and four of such subdivision, where such harassment or bullying occurs 24 through any form of electronic communication. 25 (d) "employer," "employee" and "workplace" shall have the same meaning 26 as used in section twenty-seven-b of this article. 27 2. The commissioner, in consultation with the state commissioner of 28 human rights, shall develop an abusive conduct and bullying in the work- 29 place prevention training program for all employees. 30 (a) Such training shall be interactive and include: 31 (1) an explanation of abusive conduct, bullying and cyberbullying, 32 consistent with the division of human rights; 33 (2) examples of conduct that would constitute abusive conduct, bully- 34 ing and cyberbullying and the ramifications of abusive workplace behav- 35 ior, bullying and cyberbullying; 36 (3) resources available to employees who believe they have been 37 subjected to abusive conduct, bullying, or cyberbullying; and 38 (4) information concerning employees' right of redress and all avail- 39 able forms for adjudicating complaints. 40 (b) The training shall include information addressing conduct by 41 supervisors and any additional responsibilities for such supervisors. 42 3. No employer shall take retaliatory action against any employee 43 because the employee seeks any form of redress available to them in 44 relation to an abusive workplace, bullying or cyberbullying. 45 4. Each employee shall receive such training as soon as reasonably 46 practicable and on an annual basis thereafter, provided, however, that 47 all employees shall receive such training on or before September first, 48 two thousand twenty-four. 49 5. The commissioner may promulgate regulations as he or she deems 50 necessary for the purposes of carrying out the provisions of this 51 section. 52 6. Employers shall document any reported incidents of abusive behav- 53 ior, bullying or cyberbullying and provide a summary report to the 54 commissioner on December thirty-first, two thousand twenty-four and each 55 year thereafter. Such report shall include the date of each incident, A. 1202 3 1 the nature of the incident and the steps the employer took to address 2 such behavior. 3 7. Beginning in the year two thousand twenty-seven, and every succeed- 4 ing four years thereafter, the department in consultation with the divi- 5 sion of human rights shall evaluate, using criteria within this section, 6 the impact of the current abusive conduct and bullying in the workplace 7 prevention training program. Upon the completion of each evaluation, the 8 department shall update the training as needed. 9 § 3. This act shall take effect on the one hundred eightieth day after 10 it shall have become a law.