senate Bill S3617

2011-2012 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - Stricken


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 23, 2011 recommit, enacting clause stricken
Feb 28, 2011 referred to labor

S3617 (ACTIVE) - Details

See Assembly Version of this Bill:
A4258
Current Committee:
Law Section:
Labor Law
Laws Affected:
Add Art 20-D ยงยง760 - 769, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1823, A5414
2013-2014: S3863, A4965
2015-2016: S6438, A3250
2017-2018: S4053, A7808
2019-2020: S2261, A7366

S3617 (ACTIVE) - Summary

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

S3617 (ACTIVE) - Sponsor Memo

S3617 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3617

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a new  article  20-D  to
read as follows:
                               ARTICLE 20-D
                        ABUSIVE WORK ENVIRONMENT
SECTION 760. LEGISLATIVE FINDINGS AND INTENT.
        761. DEFINITIONS.
        762. ABUSIVE WORK ENVIRONMENT.
        763. EMPLOYER LIABILITY.
        764. DEFENSES.
        765. RETALIATION.
        766. REMEDIES.
        767. ENFORCEMENT.
        768. EFFECT ON COLLECTIVE BARGAINING AGREEMENTS.
        769. EFFECT OF OTHER LAWS.
  S  760.  LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE HEREBY FINDS
THAT THE SOCIAL AND ECONOMIC WELL-BEING OF THE STATE IS  DEPENDENT  UPON
HEALTHY  AND  PRODUCTIVE  EMPLOYEES. SURVEYS AND STUDIES HAVE DOCUMENTED
THAT BETWEEN SIXTEEN AND TWENTY-ONE PERCENT OF EMPLOYEES DIRECTLY  EXPE-
RIENCE  HEALTH  ENDANGERING  WORKPLACE  BULLYING,  ABUSE AND HARASSMENT.
SUCH BEHAVIOR IS FOUR TIMES MORE PREVALENT THAN SEXUAL HARASSMENT. THESE
SURVEYS AND STUDIES HAVE FURTHER FOUND THAT  ABUSIVE  WORK  ENVIRONMENTS
CAN  HAVE  SERIOUS EFFECTS ON THE 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,  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08789-01-1

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