Prohibits workplace bullying and harassment. (8/1/19)
The bill outlines clear definitions and legal parameters surrounding abusive conduct in the workplace, making both employees and employers accountable for their actions. It introduces mechanisms for civil actions against those who engage in or fail to prevent workplace bullying or harassment, effectively expanding the landscape of employee rights. This legislation not only provides remedies for affected workers but also establishes vicarious liability where employers must act to remedy abusive situations within their workplaces.
Senate Bill 139, known as the Louisiana Healthy Workplace Law, aims to prohibit workplace bullying and harassment. The bill recognizes that a significant proportion of employees, estimated to be one-third, may experience harmful mistreatment at work, which can lead to severe psychological and physical consequences. By enacting this law, the legislature seeks to foster a healthier work environment that contributes to both employee well-being and overall productivity in the state of Louisiana.
The sentiment surrounding SB 139 is generally favorable among employee advocacy groups who see it as a significant step toward improving workplace conditions. Advocates argue that the bill is crucial for preventing toxic workplace environments and affording employees legal protections that extend beyond existing anti-discrimination laws. However, some concerns have been raised regarding how the law may be enforced and the potential for misuse, which indicates a more nuanced perspective on its implementation.
While supporters welcome the provision for civil remedies against abusive conduct, there are concerns regarding the vagueness of terms such as 'abusive conduct' and 'abusive work environment.' Critics argue that without clear standards for what constitutes such behaviors, there may be confusion or manipulation of the law that could result in frivolous lawsuits. Additionally, the bill maintains a balance by allowing employers to present affirmative defenses, which ensures that not all claims automatically lead to employer liability.