Assembly Bill A4258

2011-2012 Legislative Session

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

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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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2011-A4258 (ACTIVE) - Details

See Senate Version of this Bill:
S4289
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add Art 20-D §§760 - 769, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5414, S1823
2013-2014: A4965, S3863
2015-2016: A3250, S6438
2017-2018: A7808, S4053
2019-2020: A7366, S2261
2021-2022: A3632, S575
2023-2024: A3330, A8906, S1753

2011-A4258 (ACTIVE) - Summary

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

2011-A4258 (ACTIVE) - Bill Text download pdf

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

                                  4258

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2011
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred 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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