S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1893
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York workplace bullying prevention act".
   §  2. The labor law is amended by adding a new article 20-D to read as
 follows:
                                ARTICLE 20-D
                       WORKPLACE BULLYING PREVENTION
 SECTION 760. LEGISLATIVE FINDINGS AND INTENT.
         761.   DEFINITIONS.
         762.   ABUSIVE WORK ENVIRONMENT.
         763.   EMPLOYER LIABILITY.
         764.   EMPLOYEE LIABILITY.
         765.   AFFIRMATIVE DEFENSES.
         766.   BURDEN OF PROOF.
         767.   REMEDIES.
         768.   ENFORCEMENT.
         769.   EFFECT ON COLLECTIVE BARGAINING AGREEMENTS.
         769-A. EFFECT OF OTHER LAWS.
   § 760. LEGISLATIVE FINDINGS AND  INTENT.  1.  THE  LEGISLATURE  HEREBY
 FINDS THAT:
   (A)  THE SOCIAL AND ECONOMIC WELL-BEING OF THE STATE IS DEPENDENT UPON
 HEALTHY AND PRODUCTIVE EMPLOYEES;
   (B) APPROXIMATELY ONE-THIRD OF ALL EMPLOYEES DIRECTLY EXPERIENCE WORK-
 PLACE BULLYING, ABUSIVE MISTREATMENT OR HARASSMENT DURING THEIR  WORKING
 LIVES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01166-02-5
 S. 1893                             2
              

   (C)  WORKPLACE BULLYING, MOBBING AND NON-DISCRIMINATORY HARASSMENT CAN
 INFLICT SERIOUS HEALTH HARMS UPON TARGETED EMPLOYEES, INCLUDING INSOMNIA
 AND  CHRONIC  FATIGUE  SYNDROME,  ANXIETY  AND   DEPRESSION   DISORDERS,
 MIGRAINES,  SUICIDAL IDEATION, IMPAIRED IMMUNE SYSTEMS, HYPERTENSION AND
 CARDIOVASCULAR  DISEASE,  COMPLEX  POST-TRAUMATIC  STRESS  SYNDROME, AND
 DETERIORATION OF FAMILIAL RELATIONSHIPS;
   (D) COWORKERS WHO WITNESS ABUSIVE MISTREATMENT OF OTHER EMPLOYEES  CAN
 BE NEGATIVELY IMPACTED IN SIMILAR WAYS;
   (E) ABUSIVE WORK ENVIRONMENTS CAN HAVE SERIOUS AND COSTLY CONSEQUENCES
 FOR  EMPLOYERS, INCLUDING REDUCED EMPLOYEE PRODUCTIVITY AND MORALE, HIGH
 ABSENTEEISM  RATES,  INCREASED  MEDICAL  AND  WORKERS'   EXPENSES,   AND
 INCREASED  EMPLOYEE  TURNOVER  WITH CONCOMITANT REPLACEMENT AND TRAINING
 COSTS;
   (F) EXISTING HARASSMENT  LAWS  ARE  ONLY  APPLICABLE  IF  THE  ABUSIVE
 MISTREATMENT  IN  THE  WORKPLACE  IS  MOTIVATED BY DISCRIMINATORY ANIMUS
 TOWARDS THE TARGET'S RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, SEXUAL
 ORIENTATION, AGE, DISABILITY, OR MILITARY STATUS;
   (G) LEGAL PROTECTION FROM ABUSIVE MISTREATMENT IN THE WORKPLACE SHOULD
 NOT BE LIMITED TO BEHAVIORS PREDICATED ON PROTECTED CLASS STATUS; AND
   (H) EXISTING WORKERS'  COMPENSATION  PLANS,  OCCUPATIONAL  SAFETY  AND
 HEALTH LAWS, AND COMMON LAW TORT ACTIONS DO NOT ADEQUATELY PREVENT WORK-
 PLACE  BULLYING,  NOR DO THEY PROVIDE ADEQUATE OPPORTUNITIES FOR REDRESS
 AND RELIEF TO EMPLOYEES WHO HAVE BEEN HARMED BY WORKPLACE BULLYING.
   2. IT IS THE PURPOSE OF THIS ARTICLE:
   (A) TO PROVIDE AN INCENTIVE FOR EMPLOYERS AND WORKERS TO REFRAIN  FROM
 MISTREATING THEIR WORKERS AND COWORKERS IN AN ABUSIVE MANNER;
   (B)  TO  PROVIDE  AN INCENTIVE FOR EMPLOYERS TO PREVENT AND RESPOND TO
 WORKPLACE BULLYING IN THEIR WORKPLACE; AND
   (C) TO PROVIDE LEGAL  REDRESS  FOR  EMPLOYEES  WHO  HAVE  BEEN  HARMED
 PSYCHOLOGICALLY, PHYSICALLY OR ECONOMICALLY BY WORKPLACE BULLYING.
   § 761. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "ABUSIVE CONDUCT" MEANS ACTS, OMISSIONS, OR BOTH, THAT A REASONABLE
 PERSON  WOULD FIND ABUSIVE, BASED ON THE SEVERITY, NATURE, AND FREQUENCY
 OF THE CONDUCT, INCLUDING, BUT NOT LIMITED  TO:  REPEATED  VERBAL  ABUSE
 SUCH  AS  THE  USE OF DEROGATORY REMARKS, INSULTS, AND EPITHETS; VERBAL,
 NON-VERBAL, OR PHYSICAL  CONDUCT  OF  A  THREATENING,  INTIMIDATING,  OR
 HUMILIATING NATURE; OR THE SABOTAGE OR UNDERMINING OF AN EMPLOYEE'S WORK
 PERFORMANCE. IT SHALL BE CONSIDERED AN AGGRAVATING FACTOR IF THE CONDUCT
 EXPLOITED AN EMPLOYEE'S KNOWN PSYCHOLOGICAL OR PHYSICAL ILLNESS OR DISA-
 BILITY.  A SINGLE ACT NORMALLY SHALL NOT CONSTITUTE ABUSIVE CONDUCT, BUT
 AN ESPECIALLY SEVERE AND EGREGIOUS ACT MAY MEET THIS STANDARD.
   2. "ABUSIVE WORK ENVIRONMENT" MEANS AN EMPLOYMENT  CONDITION  WHEN  AN
 EMPLOYER  OR  ONE  OR MORE OF ITS EMPLOYEES, ACTING WITH INTENT TO CAUSE
 PAIN OR DISTRESS TO AN  EMPLOYEE,  SUBJECTS  THAT  EMPLOYEE  TO  ABUSIVE
 CONDUCT THAT CAUSES PHYSICAL HARM, PSYCHOLOGICAL HARM OR BOTH.
   3.  "ADVERSE  EMPLOYMENT  ACTION"  MEANS  AN  OUTCOME WHICH NEGATIVELY
 IMPACTS AN EMPLOYEE, INCLUDING,  BUT  NOT  LIMITED  TO,  A  TERMINATION,
 DEMOTION,  UNFAVORABLE  REASSIGNMENT,  FAILURE  TO PROMOTE, DISCIPLINARY
 ACTION OR REDUCTION IN COMPENSATION.
   4. "CONSTRUCTIVE DISCHARGE" MEANS AN ADVERSE EMPLOYMENT ACTION WHERE:
   (A) THE EMPLOYEE REASONABLY BELIEVED SUCH EMPLOYEE WAS SUBJECTED TO AN
 ABUSIVE WORK ENVIRONMENT;
   (B) THE EMPLOYEE RESIGNED BECAUSE OF THAT CONDUCT; AND
   (C) THE EMPLOYER WAS AWARE OF THE ABUSIVE CONDUCT PRIOR TO THE  RESIG-
 NATION AND FAILED TO STOP IT.
 S. 1893                             3
 
   5.  "PHYSICAL HARM" MEANS THE IMPAIRMENT OF A PERSON'S PHYSICAL HEALTH
 OR BODILY INTEGRITY, AS ESTABLISHED BY COMPETENT EVIDENCE.
   6.  "PSYCHOLOGICAL  HARM"  MEANS  THE  IMPAIRMENT OF A PERSON'S MENTAL
 HEALTH, AS ESTABLISHED BY COMPETENT EVIDENCE.
   7. "INJURY" MEANS PHYSICAL OR MENTAL INJURIES ARISING OUT  OF  AND  IN
 THE  COURSE OF EMPLOYMENT AND SUCH DISEASE OR INFECTION AS MAY NATURALLY
 AND UNAVOIDABLY RESULT THEREFROM. THE TERM "INJURY" SHALL NOT INCLUDE AN
 INJURY WHICH IS SOLELY MENTAL AND IS BASED  ON  WORK-RELATED  STRESS  IF
 SUCH  MENTAL  INJURY IS A DIRECT CONSEQUENCE OF A LAWFUL PERSONNEL DECI-
 SION INVOLVING A DISCIPLINARY ACTION,  WORK  EVALUATION,  JOB  TRANSFER,
 DEMOTION, DISCHARGE, OR TERMINATION TAKEN IN GOOD FAITH BY THE EMPLOYER,
 AND WHICH DOES NOT VIOLATE ANY OTHER PROVISIONS OF THIS ARTICLE.
   8.  "DISABILITY" SHALL MEAN DISABILITY AS DEFINED IN SUBDIVISION TWEN-
 TY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
   § 762. ABUSIVE WORK ENVIRONMENT. 1. NO EMPLOYEE SHALL BE SUBJECTED  TO
 AN ABUSIVE WORK ENVIRONMENT.
   2.  NO  EMPLOYER  OR EMPLOYEE SHALL RETALIATE IN ANY MANNER AGAINST AN
 EMPLOYEE WHO HAS OPPOSED ANY UNLAWFUL  EMPLOYMENT  PRACTICE  UNDER  THIS
 ARTICLE,  OR WHO HAS MADE A CHARGE, TESTIFIED, ASSISTED, OR PARTICIPATED
 IN ANY MANNER IN AN INVESTIGATION  OR  PROCEEDING  UNDER  THIS  ARTICLE,
 INCLUDING,  BUT  NOT  LIMITED  TO,  INTERNAL COMPLAINTS AND PROCEEDINGS,
 ARBITRATION AND MEDIATION PROCEEDINGS AND LEGAL ACTIONS.
   § 763. EMPLOYER LIABILITY.  1. AN EMPLOYER SHALL BE VICARIOUSLY LIABLE
 FOR A VIOLATION OF SECTION  SEVEN  HUNDRED  SIXTY-TWO  OF  THIS  ARTICLE
 COMMITTED BY ITS EMPLOYEE.
   2.  WHERE  THE  ALLEGED  VIOLATION OF SUCH SECTION DOES NOT INCLUDE AN
 ADVERSE EMPLOYMENT ACTION, IT SHALL BE AN  AFFIRMATIVE  DEFENSE  FOR  AN
 EMPLOYER ONLY THAT:
   (A)  THE  EMPLOYER  EXERCISED  REASONABLE  CARE TO PREVENT AND CORRECT
 PROMPTLY ANY ACTIONABLE BEHAVIOR; AND
   (B) THE COMPLAINANT EMPLOYEE UNREASONABLY FAILED TO TAKE ADVANTAGE  OF
 APPROPRIATE  PREVENTIVE  OR  CORRECTIVE  OPPORTUNITIES  PROVIDED  BY THE
 EMPLOYER.
   § 764. EMPLOYEE LIABILITY. 1. AN EMPLOYEE MAY BE  INDIVIDUALLY  LIABLE
 FOR A VIOLATION OF SECTION SEVEN HUNDRED SIXTY-TWO OF THIS ARTICLE.
   2.  IT  SHALL  BE AN AFFIRMATIVE DEFENSE FOR AN EMPLOYEE ONLY THAT THE
 EMPLOYEE COMMITTED A VIOLATION OF SUCH SECTION AT THE DIRECTION  OF  THE
 EMPLOYER,  UNDER  ACTUAL  OR  IMPLIED  THREAT  OF  AN ADVERSE EMPLOYMENT
 ACTION.
   § 765. AFFIRMATIVE DEFENSES. IT SHALL BE AN AFFIRMATIVE DEFENSE THAT:
   1. THE COMPLAINT IS BASED ON AN ADVERSE EMPLOYMENT  ACTION  REASONABLY
 MADE FOR POOR PERFORMANCE, MISCONDUCT OR ECONOMIC NECESSITY;
   2. THE COMPLAINT IS BASED ON A REASONABLE PERFORMANCE EVALUATION; OR
   3.  THE  COMPLAINT  IS BASED ON AN EMPLOYER'S REASONABLE INVESTIGATION
 ABOUT POTENTIALLY ILLEGAL OR UNETHICAL ACTIVITY.
   § 766. BURDEN OF PROOF. TO ESTABLISH A PRIMA FACIE CASE, THE COMPLAIN-
 ANT EMPLOYEE MUST DEMONSTRATE THAT:
   1. SUCH EMPLOYEE WAS SUBJECTED TO ABUSIVE CONDUCT;
   2. SUCH EMPLOYEE SUFFERED PHYSICAL OR MENTAL INJURY AS DEFINED IN THIS
 ARTICLE; AND
   3. THE EVIDENCE AND CIRCUMSTANCES INDICATE THAT  THERE  WAS  A  CAUSAL
 CONNECTION BETWEEN THE ABUSIVE CONDUCT AND THE INJURIES, ADVERSE EMPLOY-
 MENT ACTION, DISCHARGE, OR OTHER DAMAGES SUFFERED BY THE EMPLOYEE.
   §  767.  REMEDIES.  1.  WHERE  A DEFENDANT HAS BEEN FOUND LIABLE FOR A
 VIOLATION OF SECTION SEVEN HUNDRED SIXTY-TWO OF THIS ARTICLE, THE  COURT
 MAY ENJOIN SUCH DEFENDANT FROM ENGAGING IN THE UNLAWFUL EMPLOYMENT PRAC-
 S. 1893                             4
 
 TICE  AND  MAY ORDER ANY OTHER RELIEF THAT IS DEEMED APPROPRIATE INCLUD-
 ING, BUT NOT LIMITED TO, REINSTATEMENT, REMOVAL OF THE  OFFENDING  PARTY
 FROM  THE  PLAINTIFF'S  WORK  ENVIRONMENT, REIMBURSEMENT FOR LOST WAGES,
 FRONT  PAY,  MEDICAL  EXPENSES,  COMPENSATION  FOR  PAIN  AND SUFFERING,
 COMPENSATION FOR EMOTIONAL DISTRESS, PUNITIVE DAMAGES AND ATTORNEY FEES.
   2. WHERE AN EMPLOYER IS  LIABLE  FOR  A  VIOLATION  OF  SECTION  SEVEN
 HUNDRED  SIXTY-TWO  OF  THIS  ARTICLE  THAT  DID  NOT INCLUDE AN ADVERSE
 EMPLOYMENT ACTION, EMOTIONAL DISTRESS DAMAGES AND PUNITIVE  DAMAGES  MAY
 BE  AWARDED ONLY WHEN THE ACTIONABLE CONDUCT WAS EXTREME AND OUTRAGEOUS.
 THIS LIMITATION DOES NOT APPLY TO INDIVIDUALLY  NAMED  EMPLOYEE  DEFEND-
 ANTS.
   §  768. ENFORCEMENT. 1. THE PROVISIONS OF THIS ARTICLE ARE ENFORCEABLE
 SOLELY BY MEANS OF A CIVIL CAUSE  OF  ACTION  COMMENCED  BY  AN  INJURED
 EMPLOYEE.
   2.    AN  ACTION  TO  ENFORCE  THE PROVISIONS OF THIS ARTICLE SHALL BE
 COMMENCED WITHIN ONE YEAR OF THE LAST ACT THAT CONSTITUTES  THE  ALLEGED
 VIOLATION OF SECTION SEVEN HUNDRED SIXTY-TWO OF THIS ARTICLE.
   §  769. EFFECT ON COLLECTIVE BARGAINING AGREEMENTS. THIS ARTICLE SHALL
 NOT PREVENT, INTERFERE, EXEMPT OR SUPERSEDE ANY CURRENT PROVISIONS OF AN
 EMPLOYEE'S  EXISTING  COLLECTIVE  BARGAINING  AGREEMENT  WHICH  PROVIDES
 GREATER RIGHTS AND PROTECTIONS THAN PRESCRIBED IN THIS ARTICLE NOR SHALL
 THIS  ARTICLE  PREVENT  ANY  NEW PROVISIONS OF THE COLLECTIVE BARGAINING
 AGREEMENT WHICH PROVIDE GREATER RIGHTS AND PROTECTIONS FROM BEING IMPLE-
 MENTED AND APPLICABLE TO SUCH EMPLOYEE WITHIN SUCH COLLECTIVE BARGAINING
 AGREEMENT. WHERE THE COLLECTIVE BARGAINING  AGREEMENT  PROVIDES  GREATER
 RIGHTS  AND  PROTECTIONS THAN PRESCRIBED IN THIS ARTICLE, THE RECOGNIZED
 COLLECTIVE BARGAINING AGENT MAY OPT TO ACCEPT OR REJECT TO BE COVERED BY
 THE PROVISIONS OF THIS ARTICLE.
   § 769-A. EFFECT OF OTHER LAWS. 1. NO PROVISION OF THIS  ARTICLE  SHALL
 BE  DEEMED  TO  EXEMPT  ANY PERSON OR ENTITY FROM ANY LIABILITY, DUTY OR
 PENALTY PROVIDED BY ANY OTHER STATE LAW, RULE OR REGULATION.
   2. THE REMEDIES PROVIDED IN THIS ARTICLE SHALL BE IN ADDITION  TO  ANY
 REMEDIES  PROVIDED UNDER ANY OTHER PROVISION OF LAW, AND NOTHING IN THIS
 ARTICLE SHALL RELIEVE ANY PERSON FROM ANY LIABILITY,  DUTY,  PENALTY  OR
 PUNISHMENT  PROVIDED  BY  ANY  OTHER PROVISION OF LAW, EXCEPT THAT IF AN
 EMPLOYEE RECEIVES WORKERS' COMPENSATION FOR MEDICAL COSTS FOR  THE  SAME
 INJURY OR ILLNESS PURSUANT TO BOTH THIS ARTICLE AND THE WORKERS' COMPEN-
 SATION LAW, OR COMPENSATION UNDER BOTH THIS ARTICLE AND SUCH LAW IN CASH
 PAYMENTS  FOR  THE  SAME  PERIOD  OF TIME NOT WORKING AS A RESULT OF THE
 COMPENSABLE INJURY OR ILLNESS OR THE UNLAWFUL EMPLOYMENT  PRACTICE,  THE
 PAYMENTS  OF WORKERS' COMPENSATION SHALL BE REIMBURSED FROM DAMAGES PAID
 UNDER THIS ARTICLE.
   § 3. This act shall  take  effect  immediately,  and  shall  apply  to
 abusive conduct occurring on or after such date.