S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8934
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 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
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04456-10-4
 A. 8934                             2
              

 
   (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
   (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. 8934                             3
 
   (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
   (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
 A. 8934                             4
 
 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.