S T A T E O F N E W Y O R K
________________________________________________________________________
3065--A
2023-2024 Regular Sessions
I N S E N A T E
January 27, 2023
___________
Introduced by Sens. RAMOS, BROUK, JACKSON -- read twice and ordered
printed, and when printed to be committed to the Committee on Labor --
reported favorably from said committee and committed to the Committee
on Finance -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04456-07-3
S. 3065--A 2
(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" 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
S. 3065--A 3
(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) 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
S. 3065--A 4
(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
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.
