Assembly Bill A10367

2021-2022 Legislative Session

Relates to requiring training to reduce abusive conduct and bullying in the workplace

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A10367 (ACTIVE) - Details

See Senate Version of this Bill:
S9437
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §27-e, Lab L
Versions Introduced in 2023-2024 Legislative Session:
A1202, S3065

2021-A10367 (ACTIVE) - Summary

Relates to requiring training to reduce abusive conduct and bullying in the workplace; requires the commissioner of labor, in consultation with the state commissioner of human rights, to develop an abusive conduct and bullying in the workplace prevention training program for all employees.

2021-A10367 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10367
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of 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:

   Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
 declares  that  abusive conduct and bullying in the workplace undermines
 the morale, health, dignity and well-being of public  servants  and  can
 lead to stress, absenteeism, physical violence and reduced productivity.
 The legislature further finds and declares it is in the best interest of
 taxpayers  that  all  state agencies, departments, offices, and taxpayer
 supported workplaces are free from bullying and other  abusive  behavior
 and that annual training should be required to help reduce the incidence
 of bullying and abusive behavior in the workplace.
   §  2. The labor law is amended by adding a new section 27-e to read as
 follows:
   § 27-E. ABUSIVE CONDUCT  AND  BULLYING  IN  THE  WORKPLACE  PREVENTION
 TRAINING.  1.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "ABUSIVE  CONDUCT"  MEANS  THE  VERBAL,  NON-VERBAL,  OR  PHYSICAL
 CONDUCT  OF AN EMPLOYEE TO ANOTHER EMPLOYEE THAT, BASED ON ITS SEVERITY,
 NATURE AND FREQUENCY OF OCCURRENCE, A REASONABLE PERSON WOULD DETERMINE:
   (1) IS INTENDED TO CAUSE INTIMIDATION,  HUMILIATION,  MARGINALIZATION,
 OR UNWARRANTED DISTRESS; OR
   (2)  RESULTS IN SUBSTANTIAL PHYSICAL OR PSYCHOLOGICAL HARM AS A RESULT
 OF INTIMIDATION, HUMILIATION, MARGINALIZATION, OR UNWARRANTED  DISTRESS;
 OR
   (3) EXPLOITS AN EMPLOYEE'S KNOWN PHYSICAL OR PSYCHOLOGICAL DISABILITY.
 A SINGLE ACT DOES NOT CONSTITUTE ABUSIVE CONDUCT UNLESS IT IS ESPECIALLY
 SEVERE AND EGREGIOUS.
   (B)  "BULLYING"  MEANS  THE  CREATION OF A HOSTILE WORK ENVIRONMENT BY
 CONDUCT OR BY THREATS, INTIMIDATION OR ABUSE,  INCLUDING  CYBERBULLYING,
 THAT:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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