Bill Text: NY A01202 | 2023-2024 | General Assembly | Amended
Bill Title: Relates to requiring training to reduce abusive behavior, bullying, and cyberbullying in the workplace; requires the commissioner of labor, in consultation with the commissioner of human rights, to develop an abusive behavior, bullying, and cyberbullying in the workplace prevention training program for all employees.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Engrossed) 2024-01-16 - enacting clause stricken [A01202 Detail]
Download: New_York-2023-A01202-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1202--B 2023-2024 Regular Sessions IN ASSEMBLY January 13, 2023 ___________ Introduced by M. of A. JOYNER, ARDILA, REYES, SIMON, TAYLOR, GIBBS, WALKER, ZACCARO, LUCAS -- Multi-Sponsored by -- M. of A. SEAWRIGHT -- read once and referred to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Ways and Means -- 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: 1 Section 1. Legislative intent. The legislature hereby finds and 2 declares that abusive conduct and bullying in the workplace undermines 3 the morale, health, dignity and well-being of public servants and can 4 lead to stress, absenteeism, physical violence and reduced productivity. 5 The legislature further finds and declares it is in the best interest of 6 taxpayers that all state agencies, departments, offices, and taxpayer 7 supported workplaces are free from bullying and other abusive behavior 8 and that annual training should be required to help reduce the incidence 9 of bullying and abusive behavior in the workplace. 10 § 2. The labor law is amended by adding a new section 27-e to read as 11 follows: 12 § 27-e. Abusive conduct and bullying in the workplace prevention 13 training, reporting and remediation. 1. For purposes of this section, 14 the following terms shall have the following meanings: 15 (a) "abusive conduct" shall mean the verbal, non-verbal, or physical 16 conduct of an employee to another employee that, based on its severity, 17 nature and frequency of occurrence, a reasonable person would determine: 18 (1) is intended to cause intimidation, humiliation, marginalization, 19 or unwarranted distress; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04456-06-3A. 1202--B 2 1 (2) results in substantial physical or psychological harm as a result 2 of intimidation, humiliation, marginalization, or unwarranted distress; 3 or 4 (3) exploits an employee's known physical or psychological disability. 5 A single act does not constitute abusive conduct unless it is especially 6 severe and egregious. 7 (b) "bullying" shall mean the creation of a hostile work environment 8 by conduct or by threats, intimidation or abuse, including cyberbully- 9 ing, that: 10 (1) has or would have the effect of unreasonably and substantially 11 interfering with an employee's performance, opportunities or benefits, 12 or mental, emotional or physical well-being; or 13 (2) reasonably causes or would reasonably be expected to cause an 14 employee to fear for his or her physical safety; or 15 (3) reasonably causes or would reasonably be expected to cause phys- 16 ical injury or emotional harm to an employee; or 17 (4) occurs away from the worksite and creates or would foreseeably 18 create a risk of substantial disruption within the work environment, 19 where it is foreseeable that the conduct, threats, intimidation or abuse 20 might reach the work location. Acts of bullying shall include, but not 21 be limited to, those acts based on a person's actual or perceived race, 22 creed, color, weight, national origin, ethnic group, disability, fami- 23 lial status, sexual orientation, military status, gender identity or 24 expression or sex. For the purposes of this definition the term 25 "threats, intimidation or abuse" shall include verbal and non-verbal 26 actions. 27 (c) "cyberbullying" shall mean harassment or bullying as defined in 28 paragraph (b) of this subdivision, including subparagraphs one, two, 29 three and four of such paragraph, where such harassment or bullying 30 occurs through any form of electronic communication. 31 (d) "employer" shall mean the state of New York. 32 (e) "employee" shall mean a public employee working for an employer. 33 (f) "workplace" shall mean any location, permanent or temporary, where 34 an employee performs any work-related duty in the course of his or her 35 employment by an employer. 36 (g) "supervisor" shall mean any person within an employer's organiza- 37 tion who has the authority to direct and control the work performance 38 of an employee, or who has the authority to take corrective action 39 regarding the violation of a law, rule or regulation to which an 40 employee submits written notice. 41 (h) "retaliatory action" shall mean the discharge, suspension, 42 demotion, penalization, or discrimination against any employee, or other 43 adverse employment action taken against an employee in the terms and 44 conditions of employment. 45 2. The commissioner, in consultation with the commissioner of human 46 rights and in conjunction with the representatives of employees, shall 47 develop a written policy statement outlining the responsibility of all 48 state employees to behave in a respectful and civil manner. Such policy 49 statement shall include, at a minimum: 50 (a) clear standards outlining appropriate behavior in the workplace; 51 and 52 (b) a process for reporting incidents of bullying, cyberbullying 53 and/or abusive conduct; and 54 (c) dispute resolution procedures, including non-disciplinary proce- 55 dures, that align with current practices and collective bargaining 56 agreements, if any; andA. 1202--B 3 1 (d) resources for victims of abusive conduct, bullying, or cyberbully- 2 ing to get assistance. 3 3. The commissioner, in consultation with the commissioner of human 4 rights and in conjunction with the representatives of employees, shall 5 develop a training program designed to prevent abusive conduct, bully- 6 ing, and cyberbullying in the workplace for all employees. 7 (a) Such training shall be interactive and include: (i) a review of 8 the policy statement developed pursuant to subdivision two of this 9 section; (ii) an explanation of abusive conduct, bullying and cyberbul- 10 lying; (iii) examples of conduct that would constitute abusive conduct, 11 bullying and cyberbullying and the ramifications of abusive workplace 12 behavior, bullying and cyberbullying; (iv) resources available to 13 employees who believe they have been subjected to abusive conduct, 14 bullying, or cyberbullying, and (v) information concerning employees' 15 right of redress and all available forms for adjudicating complaints. 16 (b) The training shall include information addressing conduct by 17 supervisors and any additional responsibilities for such supervisors to 18 address incidents of abusive conduct, bullying, and cyberbullying in the 19 workplace, including specific training for all supervisors on managing 20 conflict and dispute resolution techniques. No employer shall take 21 retaliatory action against any employee because the employee seeks any 22 form of redress available to them in relation to abusive conduct, bully- 23 ing, or cyberbullying. 24 4. Each employee shall receive such training as soon as reasonably 25 practicable and on an annual basis thereafter, provided, however, that 26 all employees shall receive such training no later than one year after 27 the effective date of this section. 28 5. It shall be the duty of an employer to: 29 (a) be vigilant for signs of abusive conduct, bullying, or cyberbully- 30 ing at work through observation, information seeking, and efforts to 31 proactively resolve any abusive conduct, bullying, or cyberbullying of 32 which they are aware before such inappropriate behavior escalates; and 33 (b) deal sensitively with employees involved in a complaint; and 34 (c) explain the resources available to employees who believe they have 35 been subjected to abusive conduct, bullying, or cyberbullying, and 36 information concerning employees' right of redress and all available 37 forms for adjudicating complaints; and 38 (d) ensure that an employee is not subjected to any retaliatory action 39 because the employee seeks any form of redress available to them in 40 relation to abusive conduct, bullying, or cyberbullying; and 41 (e) monitor and follow up on the situation after a complaint is made 42 to prevent recurrence of such behavior. 43 6. (a) Each employer shall establish a process by which any employee, 44 group of employees, supervisor, or a representative of employees who 45 believes that a violation of this section has occurred may file a writ- 46 ten notice of complaint with such employer. 47 (b) Where an employee or representative of an employee files a written 48 notice of complaint with the employer pursuant to this subdivision, the 49 employer shall investigate such allegations of abusive conduct, bully- 50 ing, or cyberbullying, secure written documentation from all parties 51 involved and work to resolve the issues in a timely manner provided, 52 further that: 53 (1) any employee or supervisor seeking to file a complaint shall 54 confine that complaint to the precise details of each incident of 55 alleged abusive conduct, bullying, or cyberbullying; andA. 1202--B 4 1 (2) complaints alleging abusive conduct, bullying, or cyberbullying 2 should be reported to the complainant's immediate supervisor. Supervi- 3 sors shall consult with the agency's human resources office and provide 4 a response and/or update to the complainant within fourteen calendar 5 days. If the alleged abusive conduct, bullying, or cyberbullying is 6 from the immediate supervisor, the complaint shall be reported to the 7 supervisor's supervisor or directly to the agency's human resources 8 office. 9 (3) complaints from multiple employees within the same agency may be 10 brought to the New York state office of employee relations. 11 7. If an employer finds after the completion of the investigation 12 prescribed in subdivision six of this section that a violation of this 13 section has occurred, such employer shall work to immediately remedy the 14 situation in accordance with the existing disciplinary policies and 15 procedures and in accordance with the terms and conditions of the 16 collective bargaining agreement, if any. 17 8. Each employer shall document and maintain for at least three years 18 after the date a report was filed, records of any reported incidents of 19 abusive conduct, bullying, or cyberbullying and provide a summary report 20 and any supporting documentation, including any complaint forms, to the 21 commissioner or their designee, and the representative of employees on 22 December thirty-first, in the first year succeeding the effective date 23 of this section and each year thereafter. Such report shall include the 24 date of each incident, the nature of the incident and the steps the 25 employer took to address such behavior. 26 9. Beginning in the third year succeeding the effective date of this 27 section, and every succeeding four years thereafter, the department, in 28 conjunction with the representative of employees, shall evaluate, using 29 criteria within this section, the impact of the current abusive conduct 30 and bullying in the workplace prevention training program. Upon the 31 completion of each evaluation, the department, in conjunction with the 32 representative of employees, shall update the training as needed. 33 10. The commissioner may promulgate regulations consistent with exist- 34 ing procedures and collective bargaining agreements, if any, deemed 35 necessary for the purposes of carrying out the provisions of this 36 section, provided, however, that such regulations shall include a writ- 37 ten policy statement outlining the responsibility of all state employees 38 to behave in a respectful and civil manner. 39 § 3. This act shall take effect on the one hundred eightieth day after 40 it shall have become a law.
