senate Bill S1823

Amended

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

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Feb / 2009
    • REFERRED TO LABOR
  • 29 / Apr / 2009
    • AMEND AND RECOMMIT TO LABOR
  • 29 / Apr / 2009
    • PRINT NUMBER 1823A
  • 18 / May / 2009
    • 1ST REPORT CAL.343
  • 19 / May / 2009
    • 2ND REPORT CAL.
  • 20 / May / 2009
    • ADVANCED TO THIRD READING
  • 16 / Jul / 2009
    • COMMITTED TO RULES
  • 06 / Jan / 2010
    • REFERRED TO LABOR
  • 23 / Feb / 2010
    • AMEND AND RECOMMIT TO LABOR
  • 23 / Feb / 2010
    • PRINT NUMBER 1823B
  • 15 / Mar / 2010
    • 1ST REPORT CAL.262
  • 16 / Mar / 2010
    • 2ND REPORT CAL.
  • 17 / Mar / 2010
    • ADVANCED TO THIRD READING
  • 12 / May / 2010
    • PASSED SENATE
  • 12 / May / 2010
    • DELIVERED TO ASSEMBLY
  • 12 / May / 2010
    • REFERRED TO LABOR

Summary

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

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Bill Details

Versions:
S1823
S1823A
S1823B
Legislative Cycle:
2009-2010
Current Committee:
Assembly Labor
Laws Affected:
Add Art 20-D §§760 - 769, Lab L
Versions Introduced in 2007-2008 Legislative Cycle:
S8793

Sponsor Memo

BILL NUMBER: S1823

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 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 :
2008: S.8793 Referred to Rules

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect immediately.
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