Labor and industrial relations; cause of action for workplace harassment and retaliation; provide
If passed, the bill will have a meaningful impact on existing labor laws by holding employers accountable for harassment and retaliation against employees. It introduces statutory provisions that allow employees to sue for wrongful actions taken against them as a result of asserting their rights under workplace harassment laws. The bill stipulates that actions for harassment must be filed within two years of the latest incident, and revenge actions must be initiated within one year upon discovering the act. This particular timeframe is critical as it defines the period within which employees can seek justice, thereby potentially increasing the number of claims filed under labor law.
House Bill 306 seeks to amend the Official Code of Georgia Annotated's Title 34, focusing on labor and industrial relations by introducing a specific cause of action for workplace harassment and retaliation. The bill outlines comprehensive definitions regarding workplace harassment, retaliation, protected activities, and employer responsibilities, thus providing clarity in the enforcement of labor rights. By establishing these definitions, the bill aims to create a more structured and accountable approach to handling harassment claims within the workplace.
Notably, the bill stipulates that employers can mitigate liability if they demonstrate good faith efforts to prevent and address workplace harassment and retaliation in line with fixed standards, including implementing an anti-harassment policy and providing training to supervisors. Some stakeholders may raise concerns regarding the balance between protecting employees and ensuring that employers are not unduly punished for failures that occur despite their efforts to comply with the law. Potential debates may arise around the adequacy of the defined protections, the interpretation of 'good faith', and the thresholds for establishing a cause of action.