senate Bill S6438

2015-2016 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 13, 2016 referred to labor

Co-Sponsors

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S6438 (ACTIVE) - Details

See Assembly Version of this Bill:
A3250
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add Art 20-D §§760 - 769, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1823, A5414
2011-2012: S3617, S4289, A4258
2013-2014: S3863, A4965
2017-2018: S4053, A7808
2019-2020: S2261, A7366

S6438 (ACTIVE) - Summary

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

S6438 (ACTIVE) - Sponsor Memo

S6438 (ACTIVE) - Bill Text download pdf

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

                                  6438

                            I N  S E N A T E

                            January 13, 2016
                               ___________

Introduced  by  Sen. SANDERS -- 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 healthy work-
  places

  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
                           HEALTHY WORKPLACES
SECTION 760. LEGISLATIVE FINDINGS AND INTENT.
        761. DEFINITIONS.
        762. ABUSIVE WORK ENVIRONMENT.
        763. EMPLOYER LIABILITY.
        764. EMPLOYEE LIABILITY.
        765. AFFIRMATIVE DEFENSES.
        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. AT LEAST ONE-THIRD  OF  ALL  EMPLOYEES
DIRECTLY  EXPERIENCE  HEALTH  ENDANGERING  WORKPLACE BULLYING, ABUSE AND
HARASSMENT DURING THEIR WORKING LIVES.   SUCH FORM  OF  MISTREATMENT  IS
FOUR  TIMES  MORE  PREVALENT  THAN  SEXUAL HARASSMENT ALONE.   WORKPLACE
BULLYING, MOBBING AND HARASSMENT CAN INFLICT SERIOUS HARM UPON  TARGETED
EMPLOYEES,  INCLUDING FEELINGS OF SHAME AND HUMILIATION, SEVERE ANXIETY,
DEPRESSION, SUICIDAL TENDENCIES, IMPAIRED IMMUNE SYSTEMS,  HYPERTENSION,
INCREASED  RISK  OF CARDIOVASCULAR DISEASE, AND SYMPTOMS CONSISTENT WITH
POST-TRAUMATIC STRESS DISORDER.
  FURTHERMORE, THE LEGISLATURE FINDS THAT ABUSIVE WORK ENVIRONMENTS  CAN
HAVE  SERIOUS  CONSEQUENCES  FOR  EMPLOYERS,  INCLUDING REDUCED EMPLOYEE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07296-01-5

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