S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10367
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of 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.
   (B)  "BULLYING"  MEANS  THE  CREATION OF A HOSTILE WORK ENVIRONMENT BY
 CONDUCT OR BY THREATS, INTIMIDATION OR ABUSE,  INCLUDING  CYBERBULLYING,
 THAT:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15576-01-2
 A. 10367                            2
 
   (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-THREE.
   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-THREE  AND
 EACH  YEAR  THEREAFTER. SUCH REPORT SHALL INCLUDE THE DATE OF EACH INCI-
 DENT, THE NATURE OF THE INCIDENT AND THE  STEPS  THE  EMPLOYER  TOOK  TO
 ADDRESS SUCH BEHAVIOR.
   7. BEGINNING IN THE YEAR TWO THOUSAND TWENTY-SIX, AND EVERY SUCCEEDING
 FOUR  YEARS THEREAFTER, THE DEPARTMENT IN CONSULTATION WITH THE DIVISION
 A. 10367                            3
 
 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.