Bill Text: MN HF1701 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Abusive work environment practices prohibited and remedies established.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2011-05-18 - Author added Clark [HF1701 Detail]
Download: Minnesota-2011-HF1701-Introduced.html
1.2relating to employment; prohibiting abusive work environment practices and
1.3establishing remedies; proposing coding for new law in Minnesota Statutes,
1.4chapter 181.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [181.987] ABUSIVE WORK ENVIRONMENT.
1.7 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
1.8section.
1.9(b) "Abusive conduct" means conduct, including acts or omissions, that a reasonable
1.10person would find hostile, based on the severity, nature, and frequency of the conduct.
1.11Abusive conduct may include repeated infliction of verbal abuse, such as the use of
1.12derogatory remarks, insults, or epithets; verbal or physical conduct of a threatening,
1.13intimidating, or humiliating nature; the sabotage or undermining of an employee's work
1.14performance; or attempts to exploit an employee's known psychological or physical
1.15vulnerability. A single act is not abusive conduct unless the act is severe and egregious.
1.16(c) "Abusive work environment" means an environment in which an employer or
1.17employee acts with malice to subject an employee to abusive conduct so severe that
1.18it causes tangible harm to the employee.
1.19(d) "Adverse employment action" includes a termination, constructive discharge,
1.20demotion, unfavorable reassignment, failure to promote, disciplinary action, or reduction
1.21in compensation.
1.22(e) "Constructive discharge" means circumstances in which: (1) an employee
1.23reasonably believes the employee was subjected to abusive conduct; (2) the employee
1.24resigned because of that abusive conduct; and (3) before resigning, the employee brought
2.1to the employer's attention the existence of the abusive conduct and the employer failed to
2.2take reasonable steps to correct the situation.
2.3(f) "Malice" means the intent to cause pain, injury, or distress to another.
2.4(g) "Physical harm" means the material impairment of a person's physical health
2.5or bodily integrity, as established by competent evidence.
2.6(h) "Psychological harm" means the material impairment of a person's mental health,
2.7as established by competent evidence.
2.8(i) "Tangible harm" means physical harm or psychological harm.
2.9 Subd. 2. Prohibited employer conduct. An employer must not:
2.10(1) subject an employee to an abusive work environment; or
2.11(2) take an adverse employment action or otherwise retaliate against an employee
2.12who opposes subjecting an employee to an abusive work environment or who makes a
2.13charge, testifies, assists, or participates in an investigation or proceeding under this section,
2.14including internal complaints and proceedings, arbitration and mediation, collective
2.15bargaining, or civil actions.
2.16 Subd. 3. Prohibited employee conduct. An employee must not subject a
2.17co-employee to an abusive work environment. It is an affirmative defense for an employee
2.18to establish that the employee acted under the direction of the employer and under threat
2.19of an adverse employment action.
2.20 Subd. 4. Employer vicarious liability. An employer is vicariously liable for a
2.21violation of subdivision 3. If an alleged violation does not include an adverse employment
2.22action, it is an affirmative defense for an employer to establish that:
2.23(1) the employer exercised reasonable care to prevent and correct promptly any
2.24actionable behavior; and
2.25(2) the complainant employee unreasonably failed to take advantage of appropriate
2.26preventive or corrective opportunities provided by the employer.
2.27 Subd. 5. Affirmative defenses. It is an affirmative defense that:
2.28(1) the complaint is based on an adverse employment action reasonably made for
2.29poor performance, misconduct, or economic necessity;
2.30(2) the complaint is based on a reasonable performance evaluation; or
2.31(3) the complaint is based on a defendant's reasonable investigation about potentially
2.32illegal or unethical activity.
2.33 Subd. 6. Remedies; procedures. (a) If a defendant is found to have violated this
2.34section, a court may enjoin the defendant from engaging in a violation and may order any
2.35other relief that is deemed appropriate, including reinstatement, removal of the offending
3.1party from the complainant's work environment, back pay, front pay, medical expenses,
3.2compensation for emotional distress, punitive damages, and attorney fees.
3.3(b) If an employer is found to have violated this section and the violation did not
3.4culminate in an adverse employment action, the employer's liability for damages for
3.5emotional distress may not exceed $25,000, and the employer is not subject to punitive
3.6damages. This paragraph does not apply to individually named employee defendants.
3.7(c) This section may be enforced solely by a private action.
3.8(d) An action under this section must be commenced no later than one year after the
3.9last act that constitutes the alleged violation of this section.
3.10 Subd. 7. Remedies cumulative; effect on other laws. (a) Subject to paragraph (b),
3.11the remedies available in this section are in addition to any remedies available under
3.12other law and this section does not relieve any person from a liability, duty, penalty, or
3.13punishment provided by any other law.
3.14(b) If an employee receives compensation under chapter 176 for medical costs for
3.15the same injury or illness for which compensation is paid under this section, or for wages
3.16for the same period of time that the employee did not work as a result of a compensable
3.17injury or illness resulting from a violation of this section, the payments under chapter 176
3.18must be reimbursed from compensation paid to the employee under this section.
1.3establishing remedies; proposing coding for new law in Minnesota Statutes,
1.4chapter 181.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [181.987] ABUSIVE WORK ENVIRONMENT.
1.7 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
1.8section.
1.9(b) "Abusive conduct" means conduct, including acts or omissions, that a reasonable
1.10person would find hostile, based on the severity, nature, and frequency of the conduct.
1.11Abusive conduct may include repeated infliction of verbal abuse, such as the use of
1.12derogatory remarks, insults, or epithets; verbal or physical conduct of a threatening,
1.13intimidating, or humiliating nature; the sabotage or undermining of an employee's work
1.14performance; or attempts to exploit an employee's known psychological or physical
1.15vulnerability. A single act is not abusive conduct unless the act is severe and egregious.
1.16(c) "Abusive work environment" means an environment in which an employer or
1.17employee acts with malice to subject an employee to abusive conduct so severe that
1.18it causes tangible harm to the employee.
1.19(d) "Adverse employment action" includes a termination, constructive discharge,
1.20demotion, unfavorable reassignment, failure to promote, disciplinary action, or reduction
1.21in compensation.
1.22(e) "Constructive discharge" means circumstances in which: (1) an employee
1.23reasonably believes the employee was subjected to abusive conduct; (2) the employee
1.24resigned because of that abusive conduct; and (3) before resigning, the employee brought
2.1to the employer's attention the existence of the abusive conduct and the employer failed to
2.2take reasonable steps to correct the situation.
2.3(f) "Malice" means the intent to cause pain, injury, or distress to another.
2.4(g) "Physical harm" means the material impairment of a person's physical health
2.5or bodily integrity, as established by competent evidence.
2.6(h) "Psychological harm" means the material impairment of a person's mental health,
2.7as established by competent evidence.
2.8(i) "Tangible harm" means physical harm or psychological harm.
2.9 Subd. 2. Prohibited employer conduct. An employer must not:
2.10(1) subject an employee to an abusive work environment; or
2.11(2) take an adverse employment action or otherwise retaliate against an employee
2.12who opposes subjecting an employee to an abusive work environment or who makes a
2.13charge, testifies, assists, or participates in an investigation or proceeding under this section,
2.14including internal complaints and proceedings, arbitration and mediation, collective
2.15bargaining, or civil actions.
2.16 Subd. 3. Prohibited employee conduct. An employee must not subject a
2.17co-employee to an abusive work environment. It is an affirmative defense for an employee
2.18to establish that the employee acted under the direction of the employer and under threat
2.19of an adverse employment action.
2.20 Subd. 4. Employer vicarious liability. An employer is vicariously liable for a
2.21violation of subdivision 3. If an alleged violation does not include an adverse employment
2.22action, it is an affirmative defense for an employer to establish that:
2.23(1) the employer exercised reasonable care to prevent and correct promptly any
2.24actionable behavior; and
2.25(2) the complainant employee unreasonably failed to take advantage of appropriate
2.26preventive or corrective opportunities provided by the employer.
2.27 Subd. 5. Affirmative defenses. It is an affirmative defense that:
2.28(1) the complaint is based on an adverse employment action reasonably made for
2.29poor performance, misconduct, or economic necessity;
2.30(2) the complaint is based on a reasonable performance evaluation; or
2.31(3) the complaint is based on a defendant's reasonable investigation about potentially
2.32illegal or unethical activity.
2.33 Subd. 6. Remedies; procedures. (a) If a defendant is found to have violated this
2.34section, a court may enjoin the defendant from engaging in a violation and may order any
2.35other relief that is deemed appropriate, including reinstatement, removal of the offending
3.1party from the complainant's work environment, back pay, front pay, medical expenses,
3.2compensation for emotional distress, punitive damages, and attorney fees.
3.3(b) If an employer is found to have violated this section and the violation did not
3.4culminate in an adverse employment action, the employer's liability for damages for
3.5emotional distress may not exceed $25,000, and the employer is not subject to punitive
3.6damages. This paragraph does not apply to individually named employee defendants.
3.7(c) This section may be enforced solely by a private action.
3.8(d) An action under this section must be commenced no later than one year after the
3.9last act that constitutes the alleged violation of this section.
3.10 Subd. 7. Remedies cumulative; effect on other laws. (a) Subject to paragraph (b),
3.11the remedies available in this section are in addition to any remedies available under
3.12other law and this section does not relieve any person from a liability, duty, penalty, or
3.13punishment provided by any other law.
3.14(b) If an employee receives compensation under chapter 176 for medical costs for
3.15the same injury or illness for which compensation is paid under this section, or for wages
3.16for the same period of time that the employee did not work as a result of a compensable
3.17injury or illness resulting from a violation of this section, the payments under chapter 176
3.18must be reimbursed from compensation paid to the employee under this section.
