S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3065--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sens.  RAMOS,  BROUK,  JACKSON -- read twice and ordered
   printed, and when printed to be committed to the Committee on Labor --
   reported favorably from said committee and committed to the  Committee
   on Finance -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04456-07-3
 S. 3065--A                          2
 
              

   (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"  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.
   (G)  "SUPERVISOR" SHALL MEAN ANY PERSON WITHIN AN EMPLOYER'S ORGANIZA-
 TION WHO HAS THE  AUTHORITY TO DIRECT AND CONTROL THE  WORK  PERFORMANCE
 OF  AN  EMPLOYEE,  OR    WHO HAS THE AUTHORITY TO TAKE CORRECTIVE ACTION
 REGARDING THE VIOLATION   OF A LAW,  RULE  OR  REGULATION  TO  WHICH  AN
 EMPLOYEE SUBMITS WRITTEN  NOTICE.
   (H)   "RETALIATORY  ACTION"  SHALL  MEAN  THE  DISCHARGE,  SUSPENSION,
 DEMOTION, PENALIZATION, OR DISCRIMINATION AGAINST ANY EMPLOYEE, OR OTHER
 ADVERSE EMPLOYMENT ACTION TAKEN AGAINST AN EMPLOYEE  IN  THE  TERMS  AND
 CONDITIONS OF EMPLOYMENT.
   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
 S. 3065--A                          3
 
   (D) RESOURCES FOR VICTIMS OF ABUSIVE CONDUCT, BULLYING, OR CYBERBULLY-
 ING 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, BULLY-
 ING, AND CYBERBULLYING 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,
 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, BULLYING, AND CYBERBULLYING 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 ABUSIVE CONDUCT, BULLY-
 ING, 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 NO LATER THAN ONE YEAR AFTER
 THE EFFECTIVE DATE OF THIS SECTION.
   5. IT SHALL BE THE DUTY OF AN EMPLOYER TO:
   (A) BE VIGILANT FOR SIGNS OF ABUSIVE CONDUCT, BULLYING, OR CYBERBULLY-
 ING AT WORK THROUGH OBSERVATION, INFORMATION  SEEKING,  AND  EFFORTS  TO
 PROACTIVELY  RESOLVE  ANY ABUSIVE CONDUCT, BULLYING, OR CYBERBULLYING OF
 WHICH THEY ARE AWARE BEFORE SUCH INAPPROPRIATE BEHAVIOR ESCALATES; 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 ABUSIVE CONDUCT, BULLYING, OR CYBERBULLYING; AND
   (E)  MONITOR  AND FOLLOW UP ON THE SITUATION AFTER A COMPLAINT IS MADE
 TO PREVENT RECURRENCE OF SUCH BEHAVIOR.
   6. (A) EACH EMPLOYER SHALL ESTABLISH A PROCESS BY WHICH ANY  EMPLOYEE,
 GROUP  OF  EMPLOYEES,  SUPERVISOR,  OR A REPRESENTATIVE OF EMPLOYEES WHO
 BELIEVES THAT A VIOLATION OF THIS SECTION HAS OCCURRED MAY FILE A  WRIT-
 TEN NOTICE OF COMPLAINT WITH SUCH EMPLOYER.
   (B) WHERE AN EMPLOYEE OR REPRESENTATIVE OF AN EMPLOYEE FILES A WRITTEN
 NOTICE  OF COMPLAINT WITH THE EMPLOYER PURSUANT TO THIS SUBDIVISION, THE
 EMPLOYER SHALL INVESTIGATE SUCH ALLEGATIONS OF ABUSIVE  CONDUCT,  BULLY-
 ING,  OR  CYBERBULLYING,  SECURE  WRITTEN DOCUMENTATION FROM ALL PARTIES
 INVOLVED AND WORK TO RESOLVE THE ISSUES IN  A  TIMELY  MANNER  PROVIDED,
 FURTHER THAT:
   (1)  ANY  EMPLOYEE  OR  SUPERVISOR  SEEKING  TO FILE A COMPLAINT SHALL
 CONFINE THAT COMPLAINT TO  THE  PRECISE  DETAILS  OF  EACH  INCIDENT  OF
 ALLEGED ABUSIVE CONDUCT, BULLYING, OR CYBERBULLYING; AND
 S. 3065--A                          4
 
   (2)  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 SHALL BE  REPORTED  TO  THE
 SUPERVISOR'S  SUPERVISOR  OR  DIRECTLY  TO  THE AGENCY'S HUMAN RESOURCES
 OFFICE.
   (3) COMPLAINTS FROM MULTIPLE EMPLOYEES WITHIN THE SAME AGENCY  MAY  BE
 BROUGHT TO THE NEW YORK STATE OFFICE OF EMPLOYEE RELATIONS.
   7.  IF  AN  EMPLOYER  FINDS  AFTER THE COMPLETION OF THE INVESTIGATION
 PRESCRIBED IN SUBDIVISION SIX 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.
   8.  EACH EMPLOYER SHALL DOCUMENT AND MAINTAIN FOR AT LEAST THREE YEARS
 AFTER THE DATE A REPORT WAS FILED, RECORDS OF ANY REPORTED INCIDENTS  OF
 ABUSIVE CONDUCT, BULLYING, OR CYBERBULLYING AND PROVIDE A SUMMARY REPORT
 AND  ANY SUPPORTING DOCUMENTATION, INCLUDING ANY COMPLAINT FORMS, TO THE
 COMMISSIONER OR THEIR DESIGNEE, AND THE REPRESENTATIVE OF  EMPLOYEES  ON
 DECEMBER  THIRTY-FIRST,  IN THE FIRST YEAR SUCCEEDING THE EFFECTIVE DATE
 OF THIS SECTION AND EACH YEAR THEREAFTER. SUCH REPORT SHALL INCLUDE  THE
 DATE  OF  EACH  INCIDENT,  THE  NATURE OF THE INCIDENT AND THE STEPS THE
 EMPLOYER TOOK TO ADDRESS SUCH BEHAVIOR.
   9. BEGINNING IN THE THIRD YEAR SUCCEEDING THE EFFECTIVE DATE  OF  THIS
 SECTION,  AND EVERY SUCCEEDING FOUR YEARS THEREAFTER, THE DEPARTMENT, 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.
   10. THE COMMISSIONER MAY PROMULGATE REGULATIONS CONSISTENT WITH EXIST-
 ING PROCEDURES AND COLLECTIVE  BARGAINING  AGREEMENTS,  IF  ANY,  DEEMED
 NECESSARY  FOR  THE  PURPOSES  OF  CARRYING  OUT  THE PROVISIONS OF THIS
 SECTION, PROVIDED, HOWEVER, THAT SUCH REGULATIONS SHALL INCLUDE  A WRIT-
 TEN POLICY STATEMENT OUTLINING THE RESPONSIBILITY OF ALL STATE EMPLOYEES
 TO BEHAVE IN A RESPECTFUL AND CIVIL MANNER.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.