STATE OF NEW YORK ________________________________________________________________________ 1893 2025-2026 Regular Sessions IN SENATE January 14, 2025 ___________ 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 the New York workplace bullying prevention act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York workplace bullying prevention act". 3 § 2. The labor law is amended by adding a new article 20-D to read as 4 follows: 5 ARTICLE 20-D 6 WORKPLACE BULLYING PREVENTION 7 Section 760. Legislative findings and intent. 8 761. Definitions. 9 762. Abusive work environment. 10 763. Employer liability. 11 764. Employee liability. 12 765. Affirmative defenses. 13 766. Burden of proof. 14 767. Remedies. 15 768. Enforcement. 16 769. Effect on collective bargaining agreements. 17 769-a. Effect of other laws. 18 § 760. Legislative findings and intent. 1. The legislature hereby 19 finds that: 20 (a) the social and economic well-being of the state is dependent upon 21 healthy and productive employees; 22 (b) approximately one-third of all employees directly experience work- 23 place bullying, abusive mistreatment or harassment during their working 24 lives; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01166-02-5
S. 1893 2 1 (c) workplace bullying, mobbing and non-discriminatory harassment can 2 inflict serious health harms upon targeted employees, including insomnia 3 and chronic fatigue syndrome, anxiety and depression disorders, 4 migraines, suicidal ideation, impaired immune systems, hypertension and 5 cardiovascular disease, complex post-traumatic stress syndrome, and 6 deterioration of familial relationships; 7 (d) coworkers who witness abusive mistreatment of other employees can 8 be negatively impacted in similar ways; 9 (e) abusive work environments can have serious and costly consequences 10 for employers, including reduced employee productivity and morale, high 11 absenteeism rates, increased medical and workers' expenses, and 12 increased employee turnover with concomitant replacement and training 13 costs; 14 (f) existing harassment laws are only applicable if the abusive 15 mistreatment in the workplace is motivated by discriminatory animus 16 towards the target's race, color, religion, national origin, sex, sexual 17 orientation, age, disability, or military status; 18 (g) legal protection from abusive mistreatment in the workplace should 19 not be limited to behaviors predicated on protected class status; and 20 (h) existing workers' compensation plans, occupational safety and 21 health laws, and common law tort actions do not adequately prevent work- 22 place bullying, nor do they provide adequate opportunities for redress 23 and relief to employees who have been harmed by workplace bullying. 24 2. It is the purpose of this article: 25 (a) to provide an incentive for employers and workers to refrain from 26 mistreating their workers and coworkers in an abusive manner; 27 (b) to provide an incentive for employers to prevent and respond to 28 workplace bullying in their workplace; and 29 (c) to provide legal redress for employees who have been harmed 30 psychologically, physically or economically by workplace bullying. 31 § 761. Definitions. As used in this article, the following terms shall 32 have the following meanings: 33 1. "Abusive conduct" means acts, omissions, or both, that a reasonable 34 person would find abusive, based on the severity, nature, and frequency 35 of the conduct, including, but not limited to: repeated verbal abuse 36 such as the use of derogatory remarks, insults, and epithets; verbal, 37 non-verbal, or physical conduct of a threatening, intimidating, or 38 humiliating nature; or the sabotage or undermining of an employee's work 39 performance. It shall be considered an aggravating factor if the conduct 40 exploited an employee's known psychological or physical illness or disa- 41 bility. A single act normally shall not constitute abusive conduct, but 42 an especially severe and egregious act may meet this standard. 43 2. "Abusive work environment" means an employment condition when an 44 employer or one or more of its employees, acting with intent to cause 45 pain or distress to an employee, subjects that employee to abusive 46 conduct that causes physical harm, psychological harm or both. 47 3. "Adverse employment action" means an outcome which negatively 48 impacts an employee, including, but not limited to, a termination, 49 demotion, unfavorable reassignment, failure to promote, disciplinary 50 action or reduction in compensation. 51 4. "Constructive discharge" means an adverse employment action where: 52 (a) the employee reasonably believed such employee was subjected to an 53 abusive work environment; 54 (b) the employee resigned because of that conduct; and 55 (c) the employer was aware of the abusive conduct prior to the resig- 56 nation and failed to stop it.
S. 1893 3 1 5. "Physical harm" means the impairment of a person's physical health 2 or bodily integrity, as established by competent evidence. 3 6. "Psychological harm" means the impairment of a person's mental 4 health, as established by competent evidence. 5 7. "Injury" means physical or mental injuries arising out of and in 6 the course of employment and such disease or infection as may naturally 7 and unavoidably result therefrom. The term "injury" shall not include an 8 injury which is solely mental and is based on work-related stress if 9 such mental injury is a direct consequence of a lawful personnel deci- 10 sion involving a disciplinary action, work evaluation, job transfer, 11 demotion, discharge, or termination taken in good faith by the employer, 12 and which does not violate any other provisions of this article. 13 8. "Disability" shall mean disability as defined in subdivision twen- 14 ty-one of section two hundred ninety-two of the executive law. 15 § 762. Abusive work environment. 1. No employee shall be subjected to 16 an abusive work environment. 17 2. No employer or employee shall retaliate in any manner against an 18 employee who has opposed any unlawful employment practice under this 19 article, or who has made a charge, testified, assisted, or participated 20 in any manner in an investigation or proceeding under this article, 21 including, but not limited to, internal complaints and proceedings, 22 arbitration and mediation proceedings and legal actions. 23 § 763. Employer liability. 1. An employer shall be vicariously liable 24 for a violation of section seven hundred sixty-two of this article 25 committed by its employee. 26 2. Where the alleged violation of such section does not include an 27 adverse employment action, it shall be an affirmative defense for an 28 employer only that: 29 (a) the employer exercised reasonable care to prevent and correct 30 promptly any actionable behavior; and 31 (b) the complainant employee unreasonably failed to take advantage of 32 appropriate preventive or corrective opportunities provided by the 33 employer. 34 § 764. Employee liability. 1. An employee may be individually liable 35 for a violation of section seven hundred sixty-two of this article. 36 2. It shall be an affirmative defense for an employee only that the 37 employee committed a violation of such section at the direction of the 38 employer, under actual or implied threat of an adverse employment 39 action. 40 § 765. Affirmative defenses. It shall be an affirmative defense that: 41 1. the complaint is based on an adverse employment action reasonably 42 made for poor performance, misconduct or economic necessity; 43 2. the complaint is based on a reasonable performance evaluation; or 44 3. the complaint is based on an employer's reasonable investigation 45 about potentially illegal or unethical activity. 46 § 766. Burden of proof. To establish a prima facie case, the complain- 47 ant employee must demonstrate that: 48 1. such employee was subjected to abusive conduct; 49 2. such employee suffered physical or mental injury as defined in this 50 article; and 51 3. the evidence and circumstances indicate that there was a causal 52 connection between the abusive conduct and the injuries, adverse employ- 53 ment action, discharge, or other damages suffered by the employee. 54 § 767. Remedies. 1. Where a defendant has been found liable for a 55 violation of section seven hundred sixty-two of this article, the court 56 may enjoin such defendant from engaging in the unlawful employment prac-
S. 1893 4 1 tice and may order any other relief that is deemed appropriate includ- 2 ing, but not limited to, reinstatement, removal of the offending party 3 from the plaintiff's work environment, reimbursement for lost wages, 4 front pay, medical expenses, compensation for pain and suffering, 5 compensation for emotional distress, punitive damages and attorney fees. 6 2. Where an employer is liable for a violation of section seven 7 hundred sixty-two of this article that did not include an adverse 8 employment action, emotional distress damages and punitive damages may 9 be awarded only when the actionable conduct was extreme and outrageous. 10 This limitation does not apply to individually named employee defend- 11 ants. 12 § 768. Enforcement. 1. The provisions of this article are enforceable 13 solely by means of a civil cause of action commenced by an injured 14 employee. 15 2. An action to enforce the provisions of this article shall be 16 commenced within one year of the last act that constitutes the alleged 17 violation of section seven hundred sixty-two of this article. 18 § 769. Effect on collective bargaining agreements. This article shall 19 not prevent, interfere, exempt or supersede any current provisions of an 20 employee's existing collective bargaining agreement which provides 21 greater rights and protections than prescribed in this article nor shall 22 this article prevent any new provisions of the collective bargaining 23 agreement which provide greater rights and protections from being imple- 24 mented and applicable to such employee within such collective bargaining 25 agreement. Where the collective bargaining agreement provides greater 26 rights and protections than prescribed in this article, the recognized 27 collective bargaining agent may opt to accept or reject to be covered by 28 the provisions of this article. 29 § 769-a. Effect of other laws. 1. No provision of this article shall 30 be deemed to exempt any person or entity from any liability, duty or 31 penalty provided by any other state law, rule or regulation. 32 2. The remedies provided in this article shall be in addition to any 33 remedies provided under any other provision of law, and nothing in this 34 article shall relieve any person from any liability, duty, penalty or 35 punishment provided by any other provision of law, except that if an 36 employee receives workers' compensation for medical costs for the same 37 injury or illness pursuant to both this article and the workers' compen- 38 sation law, or compensation under both this article and such law in cash 39 payments for the same period of time not working as a result of the 40 compensable injury or illness or the unlawful employment practice, the 41 payments of workers' compensation shall be reimbursed from damages paid 42 under this article. 43 § 3. This act shall take effect immediately, and shall apply to 44 abusive conduct occurring on or after such date.