S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1202
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04456-01-3
              

 A. 1202                             2
 
   (B) "BULLYING" MEANS THE CREATION OF A  HOSTILE  WORK  ENVIRONMENT  BY
 CONDUCT  OR  BY THREATS, INTIMIDATION OR ABUSE, INCLUDING CYBERBULLYING,
 THAT:
   (1)  HAS  OR  WOULD  HAVE THE EFFECT OF UNREASONABLY AND SUBSTANTIALLY
 INTERFERING WITH AN EMPLOYEE'S PERFORMANCE, OPPORTUNITIES  OR  BENEFITS,
 OR MENTAL, EMOTIONAL OR PHYSICAL WELL-BEING; OR
   (2)  REASONABLY  CAUSES  OR  WOULD  REASONABLY BE EXPECTED TO CAUSE AN
 EMPLOYEE TO FEAR FOR HIS OR HER PHYSICAL SAFETY; OR
   (3) REASONABLY CAUSES OR WOULD REASONABLY BE EXPECTED TO  CAUSE  PHYS-
 ICAL INJURY OR EMOTIONAL HARM TO AN EMPLOYEE; OR
   (4)  OCCURS  AWAY  FROM  THE WORKSITE AND CREATES OR WOULD FORESEEABLY
 CREATE A RISK OF SUBSTANTIAL DISRUPTION  WITHIN  THE  WORK  ENVIRONMENT,
 WHERE IT IS FORESEEABLE THAT THE CONDUCT, THREATS, INTIMIDATION OR ABUSE
 MIGHT  REACH  THE WORK LOCATION. ACTS OF BULLYING SHALL INCLUDE, BUT NOT
 BE LIMITED TO, THOSE ACTS BASED ON A PERSON'S ACTUAL OR PERCEIVED  RACE,
 CREED,  COLOR,  WEIGHT, NATIONAL ORIGIN, ETHNIC GROUP, DISABILITY, FAMI-
 LIAL STATUS, SEXUAL ORIENTATION, MILITARY  STATUS,  GENDER  IDENTITY  OR
 EXPRESSION  OR  SEX.  FOR  THE  PURPOSES  OF  THIS  DEFINITION  THE TERM
 "THREATS, INTIMIDATION OR ABUSE" SHALL  INCLUDE  VERBAL  AND  NON-VERBAL
 ACTIONS.
   (C)  "CYBERBULLYING"  MEANS HARASSMENT OR BULLYING AS DEFINED IN PARA-
 GRAPH (B) OF THIS SUBDIVISION, INCLUDING SUBPARAGRAPHS ONE,  TWO,  THREE
 AND  FOUR  OF SUCH SUBDIVISION, WHERE SUCH HARASSMENT OR BULLYING OCCURS
 THROUGH ANY FORM OF ELECTRONIC COMMUNICATION.
   (D) "EMPLOYER," "EMPLOYEE" AND "WORKPLACE" SHALL HAVE THE SAME MEANING
 AS USED IN SECTION TWENTY-SEVEN-B OF THIS ARTICLE.
   2. THE COMMISSIONER, IN CONSULTATION WITH THE  STATE  COMMISSIONER  OF
 HUMAN RIGHTS, SHALL DEVELOP AN ABUSIVE CONDUCT AND BULLYING IN THE WORK-
 PLACE PREVENTION TRAINING PROGRAM FOR ALL EMPLOYEES.
   (A) SUCH TRAINING SHALL BE INTERACTIVE AND INCLUDE:
   (1)  AN  EXPLANATION  OF  ABUSIVE CONDUCT, BULLYING AND CYBERBULLYING,
 CONSISTENT WITH THE DIVISION OF HUMAN RIGHTS;
   (2) EXAMPLES OF CONDUCT THAT WOULD CONSTITUTE ABUSIVE CONDUCT,  BULLY-
 ING  AND CYBERBULLYING AND THE RAMIFICATIONS OF ABUSIVE WORKPLACE BEHAV-
 IOR, BULLYING AND CYBERBULLYING;
   (3) RESOURCES AVAILABLE  TO  EMPLOYEES  WHO  BELIEVE  THEY  HAVE  BEEN
 SUBJECTED TO ABUSIVE CONDUCT, BULLYING, OR CYBERBULLYING; AND
   (4)  INFORMATION CONCERNING EMPLOYEES' RIGHT OF REDRESS AND ALL AVAIL-
 ABLE FORMS FOR ADJUDICATING COMPLAINTS.
   (B) THE TRAINING  SHALL  INCLUDE  INFORMATION  ADDRESSING  CONDUCT  BY
 SUPERVISORS AND ANY ADDITIONAL RESPONSIBILITIES FOR SUCH SUPERVISORS.
   3.  NO  EMPLOYER  SHALL  TAKE  RETALIATORY ACTION AGAINST ANY EMPLOYEE
 BECAUSE THE EMPLOYEE SEEKS ANY FORM OF  REDRESS  AVAILABLE  TO  THEM  IN
 RELATION TO AN ABUSIVE WORKPLACE, BULLYING OR CYBERBULLYING.
   4.  EACH  EMPLOYEE  SHALL  RECEIVE SUCH TRAINING AS SOON AS REASONABLY
 PRACTICABLE AND ON AN ANNUAL BASIS THEREAFTER, PROVIDED,  HOWEVER,  THAT
 ALL  EMPLOYEES SHALL RECEIVE SUCH TRAINING ON OR BEFORE SEPTEMBER FIRST,
 TWO THOUSAND TWENTY-FOUR.
   5. THE COMMISSIONER MAY PROMULGATE REGULATIONS  AS  HE  OR  SHE  DEEMS
 NECESSARY  FOR  THE  PURPOSES  OF  CARRYING  OUT  THE PROVISIONS OF THIS
 SECTION.
   6. EMPLOYERS SHALL DOCUMENT ANY REPORTED INCIDENTS OF  ABUSIVE  BEHAV-
 IOR,  BULLYING  OR  CYBERBULLYING  AND  PROVIDE  A SUMMARY REPORT TO THE
 COMMISSIONER ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR AND EACH
 YEAR THEREAFTER. SUCH REPORT SHALL INCLUDE THE DATE  OF  EACH  INCIDENT,
 A. 1202                             3
 
 THE  NATURE  OF  THE INCIDENT AND THE STEPS THE EMPLOYER TOOK TO ADDRESS
 SUCH BEHAVIOR.
   7. BEGINNING IN THE YEAR TWO THOUSAND TWENTY-SEVEN, AND EVERY SUCCEED-
 ING FOUR YEARS THEREAFTER, THE DEPARTMENT IN CONSULTATION WITH THE DIVI-
 SION OF HUMAN RIGHTS SHALL EVALUATE, USING CRITERIA WITHIN THIS SECTION,
 THE  IMPACT OF THE CURRENT ABUSIVE CONDUCT AND BULLYING IN THE WORKPLACE
 PREVENTION TRAINING PROGRAM. UPON THE COMPLETION OF EACH EVALUATION, THE
 DEPARTMENT SHALL UPDATE THE TRAINING AS NEEDED.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1202--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on  Labor  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the labor law, in  relation  to  requiring  training  to
   reduce  abusive  conduct  and bullying, and cyberbullying in the work-
   place

   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, REPORTING AND REMEDIATION.  1. FOR PURPOSES OF  THIS  SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ABUSIVE  CONDUCT" SHALL MEAN 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04456-03-3
 A. 1202--A                          2
              

 
   (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"  SHALL MEAN THE CREATION OF A HOSTILE WORK ENVIRONMENT
 BY CONDUCT OR BY THREATS, INTIMIDATION OR ABUSE,  INCLUDING  CYBERBULLY-
 ING, THAT:
   (1)  HAS  OR  WOULD  HAVE THE EFFECT OF UNREASONABLY AND SUBSTANTIALLY
 INTERFERING WITH AN EMPLOYEE'S PERFORMANCE, OPPORTUNITIES  OR  BENEFITS,
 OR MENTAL, EMOTIONAL OR PHYSICAL WELL-BEING; OR
   (2)  REASONABLY  CAUSES  OR  WOULD  REASONABLY BE EXPECTED TO CAUSE AN
 EMPLOYEE TO FEAR FOR HIS OR HER PHYSICAL SAFETY; OR
   (3) REASONABLY CAUSES OR WOULD REASONABLY BE EXPECTED TO  CAUSE  PHYS-
 ICAL INJURY OR EMOTIONAL HARM TO AN EMPLOYEE; OR
   (4)  OCCURS  AWAY  FROM  THE WORKSITE AND CREATES OR WOULD FORESEEABLY
 CREATE A RISK OF SUBSTANTIAL DISRUPTION  WITHIN  THE  WORK  ENVIRONMENT,
 WHERE IT IS FORESEEABLE THAT THE CONDUCT, THREATS, INTIMIDATION OR ABUSE
 MIGHT  REACH  THE WORK LOCATION. ACTS OF BULLYING SHALL INCLUDE, BUT NOT
 BE LIMITED TO, THOSE ACTS BASED ON A PERSON'S ACTUAL OR PERCEIVED  RACE,
 CREED,  COLOR,  WEIGHT, NATIONAL ORIGIN, ETHNIC GROUP, DISABILITY, FAMI-
 LIAL STATUS, SEXUAL ORIENTATION, MILITARY  STATUS,  GENDER  IDENTITY  OR
 EXPRESSION  OR  SEX.  FOR  THE  PURPOSES  OF  THIS  DEFINITION  THE TERM
 "THREATS, INTIMIDATION OR ABUSE" SHALL  INCLUDE  VERBAL  AND  NON-VERBAL
 ACTIONS.
   (C)  "CYBERBULLYING"  SHALL  MEAN HARASSMENT OR BULLYING AS DEFINED IN
 PARAGRAPH (B) OF THIS SUBDIVISION,  INCLUDING  SUBPARAGRAPHS  ONE,  TWO,
 THREE  AND  FOUR  OF  SUCH  PARAGRAPH, WHERE SUCH HARASSMENT OR BULLYING
 OCCURS THROUGH ANY FORM OF ELECTRONIC COMMUNICATION.
   (D) "EMPLOYER" SHALL MEAN THE STATE OF NEW YORK.
   (E) "EMPLOYEE" SHALL MEAN A PUBLIC EMPLOYEE WORKING FOR AN EMPLOYER.
   (F) "WORKPLACE" SHALL MEAN ANY LOCATION, PERMANENT OR TEMPORARY, WHERE
 AN EMPLOYEE PERFORMS ANY WORK-RELATED DUTY IN THE COURSE OF HIS  OR  HER
 EMPLOYMENT BY AN EMPLOYER.
   2.  THE  COMMISSIONER,  IN CONSULTATION WITH THE COMMISSIONER OF HUMAN
 RIGHTS AND IN CONJUNCTION WITH THE REPRESENTATIVES OF  EMPLOYEES,  SHALL
 DEVELOP  A  WRITTEN POLICY STATEMENT OUTLINING THE RESPONSIBILITY OF ALL
 STATE EMPLOYEES TO BEHAVE IN A RESPECTFUL AND CIVIL MANNER.  SUCH POLICY
 STATEMENT SHALL INCLUDE, AT A MINIMUM:
   (A) CLEAR STANDARDS OUTLINING APPROPRIATE BEHAVIOR IN  THE  WORKPLACE;
 AND
   (B)  A  PROCESS  FOR  REPORTING  INCIDENTS  OF BULLYING, CYBERBULLYING
 AND/OR ABUSIVE CONDUCT; AND
   (C) DISPUTE RESOLUTION PROCEDURES, INCLUDING  NON-DISCIPLINARY  PROCE-
 DURES,  THAT  ALIGN  WITH  CURRENT  PRACTICES  AND COLLECTIVE BARGAINING
 AGREEMENTS, IF ANY; AND
   (D) RESOURCES FOR VICTIMS TO GET ASSISTANCE.
   3.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER  OF  HUMAN
 RIGHTS  AND  IN CONJUNCTION WITH THE REPRESENTATIVES OF EMPLOYEES, SHALL
 DEVELOP A TRAINING PROGRAM  DESIGNED  TO  PREVENT  ABUSIVE  CONDUCT  AND
 BULLYING IN THE WORKPLACE FOR ALL EMPLOYEES.
   (A)  SUCH  TRAINING  SHALL BE INTERACTIVE AND INCLUDE: (I) A REVIEW OF
 THE POLICY STATEMENT DEVELOPED  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
 SECTION;  (II) AN EXPLANATION OF ABUSIVE CONDUCT, BULLYING AND CYBERBUL-
 LYING; (III) EXAMPLES OF CONDUCT THAT WOULD CONSTITUTE ABUSIVE  CONDUCT,
 BULLYING  AND  CYBERBULLYING  AND THE RAMIFICATIONS OF ABUSIVE WORKPLACE
 BEHAVIOR,  BULLYING  AND  CYBERBULLYING;  (IV)  RESOURCES  AVAILABLE  TO
 EMPLOYEES  WHO  BELIEVE  THEY  HAVE  BEEN  SUBJECTED TO ABUSIVE CONDUCT,
 A. 1202--A                          3
 
 BULLYING, OR CYBERBULLYING, AND (V)  INFORMATION  CONCERNING  EMPLOYEES'
 RIGHT OF REDRESS AND ALL AVAILABLE FORMS FOR ADJUDICATING COMPLAINTS.
   (B)  THE  TRAINING  SHALL  INCLUDE  INFORMATION  ADDRESSING CONDUCT BY
 SUPERVISORS AND ANY ADDITIONAL RESPONSIBILITIES FOR SUCH SUPERVISORS  TO
 ADDRESS  INCIDENTS  OF  ABUSIVE  CONDUCT  AND BULLYING IN THE WORKPLACE,
 INCLUDING SPECIFIC TRAINING FOR ALL SUPERVISORS ON MANAGING CONFLICT AND
 DISPUTE RESOLUTION TECHNIQUES. NO EMPLOYER SHALL TAKE RETALIATORY ACTION
 AGAINST ANY EMPLOYEE BECAUSE THE EMPLOYEE  SEEKS  ANY  FORM  OF  REDRESS
 AVAILABLE  TO  THEM  IN  RELATION  TO  AN ABUSIVE WORKPLACE, BULLYING OR
 CYBERBULLYING.
   4. EACH EMPLOYEE SHALL RECEIVE SUCH TRAINING  AS  SOON  AS  REASONABLY
 PRACTICABLE  AND  ON AN ANNUAL BASIS THEREAFTER, PROVIDED, HOWEVER, THAT
 ALL EMPLOYEES SHALL RECEIVE SUCH TRAINING ON OR BEFORE SEPTEMBER  FIRST,
 TWO THOUSAND TWENTY-FOUR.
   5.  THE COMMISSIONER MAY PROMULGATE REGULATIONS CONSISTENT WITH EXIST-
 ING PROCEDURES AND COLLECTIVE BARGAINING AGREEMENTS, IF ANY,  AS  HE  OR
 SHE  DEEMS  NECESSARY FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS OF
 THIS SECTION, PROVIDED, HOWEVER, THAT SUCH REGULATIONS SHALL  INCLUDE  A
 WRITTEN  POLICY  STATEMENT  OUTLINING  THE  RESPONSIBILITY  OF ALL STATE
 EMPLOYEES TO BEHAVE IN A RESPECTFUL AND CIVIL MANNER.
   6. IT SHALL BE THE DUTY OF THE EMPLOYER TO:
   (A) BE VIGILANT FOR SIGNS OF ABUSIVE CONDUCT, BULLYING OR  CYBERBULLY-
 ING  AT WORK THROUGH OBSERVATION AND INFORMATION SEEKING AND TAKE ACTION
 TO RESOLVE INAPPROPRIATE BEHAVIOR BEFORE ESCALATION; AND
   (B) DEAL SENSITIVELY WITH EMPLOYEES INVOLVED IN A COMPLAINT; AND
   (C) EXPLAIN THE RESOURCES AVAILABLE TO EMPLOYEES WHO BELIEVE THEY HAVE
 BEEN SUBJECTED TO  ABUSIVE  CONDUCT,  BULLYING,  OR  CYBERBULLYING,  AND
 INFORMATION  CONCERNING  EMPLOYEES'  RIGHT  OF REDRESS AND ALL AVAILABLE
 FORMS FOR ADJUDICATING COMPLAINTS; AND
   (D) ENSURE THAT AN EMPLOYEE IS NOT SUBJECTED TO ANY RETALIATORY ACTION
 BECAUSE THE EMPLOYEE SEEKS ANY FORM OF  REDRESS  AVAILABLE  TO  THEM  IN
 RELATION TO AN ABUSIVE WORKPLACE, BULLYING OR CYBERBULLYING; AND
   (E)  MONITOR  AND FOLLOW UP ON THE SITUATION AFTER A COMPLAINT IS MADE
 TO PREVENT RECURRENCE OF SUCH BEHAVIOR.
   7. ANY EMPLOYEE OR GROUP OF EMPLOYEES OR A REPRESENTATIVE OF EMPLOYEES
 WHO BELIEVES THAT A VIOLATION OF THIS SECTION HAS OCCURRED  SHALL  BRING
 SUCH  MATTER  TO  THE  ATTENTION  OF A SUPERVISOR AND THE HUMAN SERVICES
 DEPARTMENT IN THE FORM OF A WRITTEN NOTICE OF COMPLAINT.
   8.  WHERE AN EMPLOYEE OR REPRESENTATIVE OF AN EMPLOYEE FILES A WRITTEN
 NOTICE OF COMPLAINT WITH THE EMPLOYER PURSUANT TO SUBDIVISION  SEVEN  OF
 THIS SECTION, THE EMPLOYER SHALL INVESTIGATE SUCH ALLEGATIONS OF ABUSIVE
 CONDUCT,  BULLYING,  OR CYBERBULLYING, SECURE WRITTEN DOCUMENTATION FROM
 ALL PARTIES INVOLVED AND WORK TO RESOLVE THE ISSUES IN A  TIMELY  MANNER
 PROVIDED, FURTHER THAT:
   (A)  ANY  EMPLOYEE  OR  SUPERVISOR  SEEKING TO FILE A COMPLAINT SHOULD
 ENSURE THAT THE COMPLAINT IS CONFINED TO AND CONSISTS OF PRECISE DETAILS
 OF EACH INCIDENT OF ALLEGED ABUSIVE CONDUCT, BULLYING, OR CYBERBULLYING;
 AND
   (B) COMPLAINTS ALLEGING ABUSIVE CONDUCT,  BULLYING,  OR  CYBERBULLYING
 SHOULD  BE REPORTED TO THE COMPLAINANT'S IMMEDIATE SUPERVISOR.  SUPERVI-
 SORS SHALL CONSULT WITH THE AGENCY'S HUMAN RESOURCES OFFICE AND  PROVIDE
 A  RESPONSE  AND/OR  UPDATE  TO THE COMPLAINANT WITHIN FOURTEEN CALENDAR
 DAYS.  IF THE ALLEGED ABUSIVE CONDUCT,  BULLYING,  OR  CYBERBULLYING  IS
 FROM  THE  IMMEDIATE SUPERVISOR, THE COMPLAINT SHOULD BE REPORTED TO THE
 SUPERVISOR'S SUPERVISOR OR DIRECTLY  TO  THE  AGENCY'S  HUMAN  RESOURCES
 OFFICE.
 A. 1202--A                          4
 
   (C)  COMPLAINTS  FROM MULTIPLE EMPLOYEES WITHIN THE SAME AGENCY MAY BE
 BROUGHT TO THE NEW YORK STATE OFFICE OF EMPLOYEE RELATIONS.
   9.  IF  THE  EMPLOYER  FINDS AFTER THE COMPLETION OF THE INVESTIGATION
 PRESCRIBED IN SUBDIVISION EIGHT OF THIS SECTION THAT A VIOLATION OF THIS
 SECTION HAS OCCURRED, SUCH EMPLOYER SHALL WORK TO IMMEDIATELY REMEDY THE
 SITUATION IN ACCORDANCE WITH  THE  EXISTING  DISCIPLINARY  POLICIES  AND
 PROCEDURES  AND  IN  ACCORDANCE  WITH  THE  TERMS  AND CONDITIONS OF THE
 COLLECTIVE BARGAINING AGREEMENT, IF ANY.
   10.  THE EMPLOYERS SHALL DOCUMENT ANY REPORTED  INCIDENTS  OF  ABUSIVE
 BEHAVIOR, BULLYING OR CYBERBULLYING AND PROVIDE A SUMMARY REPORT AND ANY
 SUPPORTING  DOCUMENTATION, INCLUDING ANY COMPLAINT FORMS, TO THE COMMIS-
 SIONER, THE EMPLOYEES AND THE REPRESENTATIVE OF  EMPLOYEES  ON  DECEMBER
 THIRTY-FIRST,  TWO  THOUSAND  TWENTY-FOUR AND EACH YEAR THEREAFTER. SUCH
 REPORT SHALL INCLUDE THE DATE OF EACH INCIDENT, THE NATURE OF THE  INCI-
 DENT AND THE STEPS THE EMPLOYER TOOK TO ADDRESS SUCH BEHAVIOR.
   11.  BEGINNING IN THE YEAR TWO THOUSAND TWENTY-SIX, AND EVERY SUCCEED-
 ING FOUR YEARS THEREAFTER, THE  DEPARTMENT,  IN  CONSULTATION  WITH  THE
 DIVISION  OF  HUMAN RIGHTS AND IN CONJUNCTION WITH THE REPRESENTATIVE OF
 EMPLOYEES, SHALL EVALUATE,  USING  CRITERIA  WITHIN  THIS  SECTION,  THE
 IMPACT  OF  THE  CURRENT  ABUSIVE  CONDUCT AND BULLYING IN THE WORKPLACE
 PREVENTION TRAINING PROGRAM. UPON THE COMPLETION OF EACH EVALUATION, THE
 DEPARTMENT, IN CONJUNCTION WITH THE REPRESENTATIVE OF  EMPLOYEES,  SHALL
 UPDATE THE TRAINING AS NEEDED.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.