2018 -- H 7024

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- HEALTHY WORKPLACE

     

     Introduced By: Representatives O'Brien, Marshall, Corvese, McNamara, and Slater

     Date Introduced: January 03, 2018

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR

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RELATIONS" is hereby amended by adding thereto the following chapter:

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CHAPTER 52.1

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THE HEALTHY WORKPLACE ACT OF 2018

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     28-52.1-1. Short title.

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     This act shall be known and may be cited as "The Healthy Workplace Act of 2018".

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     28-52.1-2. Legislative findings and purpose.

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     The legislature finds that:

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     (1) The social and economic well-being of the state is dependent upon healthy and

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productive employees;

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     (2) Nearly one-third (1/3) of all employees will directly experience health-endangering

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workplace bullying, abuse, and harassment during their working lives, and this form of

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mistreatment is approximately four (4) times more prevalent than sexual harassment alone;

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     (3) Workplace bullying, mobbing, and harassment can inflict serious harm upon targeted

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employees, including feelings of shame and humiliation, severe anxiety, depression, suicidal

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tendencies, impaired immune systems, hypertension, increased risk of cardiovascular disease, and

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symptoms consistent with post-traumatic stress disorder;

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     (4) Abusive work environments can have serious consequences for employers, including

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reduced employee productivity and morale, higher turnover and absenteeism rates, and increases

 

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in medical and workers' compensation claims;

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     (5) If mistreated employees who have been subjected to abusive treatment at work cannot

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establish the behavior was motivated by race, color, sex, sexual orientation, national origin, or

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age, they are unlikely to be protected by the law against such mistreatment;

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     (6) Legal protection from abusive work environments should not be limited to behavior

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grounded in protected class status as that provided for under employment discrimination statutes;

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     (7) Existing workers' compensation plans and common law tort actions are inadequate to

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discourage this behavior or to provide adequate relief to employees who have been harmed by

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abusive work environments; and

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     (8) It is the purpose of this chapter:

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     (i) To provide legal relief for employees who have been harmed, psychologically,

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physically, or economically, by deliberate exposure to abusive work environments; and

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     (ii) To provide legal incentive for employers to prevent and respond to abusive

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mistreatment of employees at work.

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     28-52.1-3. Definitions.

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     (a) For the purposes of this chapter:

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     (1) "Abusive conduct" means and includes acts, omissions, or both, that a reasonable

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person would find abusive based on the severity, nature, and frequency of the conduct. Abusive

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conduct may include, but is not limited to:

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     (i) Repeated verbal abuse such as the use of derogatory remarks, insults, epithets;

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     (ii) Verbal, or nonverbal, or physical conduct of a threatening, intimidating, or

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humiliating nature; or

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     (iii) The sabotage or undermining of an employee's work performance.

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     (iv) It shall be considered an aggravating factor that the conduct exploited an employee's

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known psychological or physical illness or disability. A single act normally will not constitute

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abusive conduct, but an especially severe and egregious act may meet this standard.

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     (2) "Abusive work environment" means and exists when an employer or one or more of

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its employees, acting with intent to cause pain and distress to an employee, subjects that

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employee to abusive conduct that causes physical harm, psychological harm, or both.

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     (3) "Adverse employment action" means and includes, but is not limited to, a termination,

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demotion, unfavorable reassignment, failure to promote, disciplinary action, or reduction in

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compensation.

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     (4) "Constructive discharge" means and shall be considered a termination, and therefore,

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and adverse employment action within the meaning of this chapter. A constructive discharge for

 

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purposes of this chapter exists where:

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     (i) The employee reasonably believed they were subjected to an abusive work

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environment;

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     (ii) The employee resigned because of that conduct; and

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     (iii) The employer was aware of the abusive conduct prior to the resignation and failed to

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stop it.

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     (5) "Physical harm" means the impairment of a person's physical health or bodily

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integrity, as established by competent evidence.

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     (6) "Psychological harm" means the impairment of a person's mental health, as

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established by competent evidence.

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     28-52.1-4. Unlawful employment practices.

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     (a) It shall be an unlawful employment practice under this chapter to subject an employee

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to an abusive work environment as defined in ยง28-52.1-2.

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     (b) It shall be an unlawful employment practice under this chapter to retaliate in any

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manner against an employee who has opposed any unlawful employment practice under this

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chapter, who has made a charge, testified, assisted, or who has participated in any manner in an

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investigation or proceeding under this chapter, including, but not limited to, internal complaints

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and proceedings, arbitration and mediation proceedings, and legal actions.

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     28-52.1-5. Employer liability and defense.

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     (a) An employer shall be vicariously liable for any unlawful employment practice

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committed by their employee.

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     (b) Where the alleged unlawful employment practice does not include an adverse

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employment action, it shall be an affirmative defense for an employer that:

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     (1) The employer exercised reasonable care to prevent and promptly correct any

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actionable behavior; and

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     (2) The complainant employee unreasonably failed to take advantage of appropriate

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preventive or corrective opportunities provided by the employer.

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     28-52.1-6. Employee liability and defense.

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     (a) An employee may be individually liable for an unlawful employment practice as

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defined by this chapter.

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     (b) It shall be an affirmative defense for an employee only that the employee committed

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an unlawful employment practice as defined by this chapter at the direction of the employer,

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under actual or implied threat of an adverse employment action.

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     28-52.1-7. Affirmative defenses.

 

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     It shall be an affirmative defense that:

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     (1) The complaint is based on an adverse employment action reasonably made for poor

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performance, misconduct, or economic necessity; or

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     (2) The complaint is based on reasonable performance evaluation; or

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     (3) The complaint is based on an employer's reasonable investigation about potentially

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illegal or unethical activity.

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     28-52.1-8. Relief and limitations on employer liability.

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     (a) Relief generally. Where a party is liable for an unlawful employment practice under

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this chapter, the court may enjoin the defendant from engaging in the unlawful employment

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practice, and may order any other relief that is deemed appropriate, including, but not limited to,

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reinstatement, removal of the offending party from the complainant's work environment, back

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pay, front pay, medical expenses, compensation for pain and suffering, compensation for

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emotional distress, punitive damages, and attorneys' fees.

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     (b) Limitations on employer liability. Where an employee is liable for an unlawful

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employment practice under this chapter that did not include an adverse employment action,

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emotional distress damages and punitive damages may be awarded only when the actionable

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conduct was extreme and outrageous. This limitation does not apply to individually named

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employee defendants.

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     28-52.1-9. Private right of action.

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     (a) This chapter shall be enforced solely by a private right of action.

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     (b) An action under this chapter must be commenced not later than one year after the last

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act that constitutes the alleged unlawful employment practice.

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     28-52.1-10. Effect on other legal relationships.

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     (a) This chapter does not supersede any rights and obligations provided under collective

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bargaining laws and regulations.

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     (b) The remedies provided in this chapter shall be in addition to any remedies provided

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under any other law, and nothing in this chapter shall relieve any person from any liability, duty,

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penalty or punishment provided by any other law, except that if an employee receives workers'

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compensation for medical costs for the same injury or illness pursuant to both this chapter and the

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workers' compensation law, or compensation under both this chapter and that law in cash

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payments for the same period of time not working as a result of the compensable injury or illness

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or the unlawful employment practice, the payment of workers' compensation shall be reimbursed

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from the compensation paid under this chapter.

 

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- HEALTHY WORKPLACE

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     This act would create the "Healthy Workplace Act of 2018" and would establish a cause

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of action against employers and employees for workplace bullying, harassment and other abusive

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conduct that is tolerated by employers and which may not fall into other categories already

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protected such as race, color and sex or sexual orientation.

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     This act would take effect upon passage.

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