2015 -- H 5149

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - ABUSIVE WORK ENVIRONMENT

PREVENTION ACT

     Introduced By: Representatives Hull, Bennett, Slater, Blazejewski, and Diaz

     Date Introduced: January 21, 2015

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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

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

CHAPTER 57

THE ABUSIVE WORK ENVIRONMENT PREVENTION ACT

     28-57-1. Declaration of policy. – The social and economic well-being of the state of

Rhode Island is dependent on healthy and productive employees. The harassment and abuse of

employees in the workplace is more prevalent than sexual harassment. Such harassment can

inflict serious harm upon targeted employees such as feelings of shame and humiliation, severe

anxiety, depression, suicidal tendencies, impaired immune systems, hypertension, increased risk

of cardiovascular disease, and symptoms consistent with post-traumatic stress disorder. Abusive

work environments can have serious consequences for employers including reduced employee

productivity and morale, higher turnover and absenteeism rates, and increases in medical and

worker compensation claims. If mistreated employees who have been subjected to abusive

treatment at work cannot establish that the behavior was motivated by race, creed, color, age,

marital status, familial status, physical or mental disability, or national origin, they are unlikely to

be protected by the law against such treatment. Legal protection from abusive work environments

should not be limited to behavior grounded in protected class status as provided by employment

discrimination statutes.

     28-57-2. Definitions. – The following words and phrases, as used in this chapter shall

have the following meanings:

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

person would find hostile, based on the severity, nature, and frequency of the employee's conduct,

including, but not limited to: repeated infliction of verbal abuse such as the use of derogatory

remarks, insults, and epithets; verbal or physical conduct of a threatening, intimidating, or

humiliating nature; sabotage or undermining of an employee's work performance; or attempts to

exploit an employee's known psychological or physical vulnerability. Normally, no single act

shall constitute abusive conduct, but an especially severe and egregious act may meet this

standard.

     (2) "Abusive work environment" means an employment condition where any employee,

acting with malice, subjects another employee to abusive conduct so severe that it causes tangible

harm.

     (3) "Adverse employment action" means an outcome which negatively affects an

employee. Such outcomes include, but shall not be limited to: termination, constructive discharge,

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

compensation.

     (4) "Constructive discharge" means an employee:

     (i) Reasonably believed he or she was subjected to abusive conduct;

     (ii) Resigned because of that abusive conduct; and

     (iii) Prior to resigning, brought to the employer's attention the existence of the abusive

conduct, and the employer failed to take reasonable steps to correct the situation.

     (5) "Employee" means a person employed by any employer, and shall include, but not be

limited to, at-will employees, contract employees, and independent contractors.

     (6) "Employer" means any person, partnership, association, sole proprietorship,

corporation, or other business entity, including any department, agency, commission, committee,

board, council, bureau, or authority or any subdivision thereof in state or municipal government,

who shall employ another if services are performed for wages or under any contract of hire,

written or oral, express or implied.

     (7) "Malice" means the desire to cause pain, injury, or distress to another.

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

bodily integrity as established by competent evidence.

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

established by competent evidence.

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     (10) "Tangible harm" means psychological harm or physical harm.

     28-57-3. Abusive work environment. – (a) No employer or employee shall subject

another employee to an abusive work environment.

     (b) No employer or employee shall retaliate in any manner against an employee who has

complained of an abusive work environment under this chapter, or who has made a charge,

testified, assisted, or participated in any manner in an investigation or proceeding under this

chapter, including, but not limited to, internal complaints and proceedings, arbitration, and

mediation proceedings, and legal actions.

     28-57-4. Liability. – (a) An employer shall be vicariously liable for a violation of this

chapter by its employee.

     (b) Where the alleged abusive work environment does not include an adverse

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

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

actionable behavior; and

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

preventive or corrective opportunities provided by the employer.

     (c) An employee may be individually liable for a violation of § 28-57-3.

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

violation of § 28-57-3 at the direction of the employer, under threat of an adverse employment

action.

     28-57-5. Rights and remedies. – (a) An employee or former employee shall commence

an action under this section no later than three (3) years after the last act that constitutes the

alleged violation of § 28-57-3.

     (b) Any employee or former employee who alleges a violation of rights under § 28-57-3

and who has reported this behavior to his or her supervisor or higher level management without it

being resolved, may seek a private right of action or obtain a hearing with the director of the

department of labor and training or a designee appointed by the director.

     (c) Following such hearing where an employee or employer has been found to have

violated § 28-57-3, the director or designee may enjoin that employer or employee from engaging

in the unlawful employment practice and may order any other relief that is deemed appropriate,

including, but not limited to, reinstatement, removal of the offending party from the

complainant's work environment, back pay, front pay, medical expenses, compensation for

emotional distress, and attorney's fees. Decisions rendered by the director under this section may

be appealed pursuant to the administrative procedures act chapter 42-35 et seq. The complainant

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may also bring a civil action for damages or injunctive relief, or both, no later than three (3) years

after the last alleged violation occurred.

     (d) The remedies provided for in this section shall be in addition to any remedies

provided under any other law, and nothing in this section shall relieve any person from any

liability, duty, penalty, or punishment provided by any other law, except that if an employee

receives workers' compensation for medical costs for the same injury or illness pursuant to both

this section and workers' compensation, or compensation under both this section and workers'

compensation 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 compensation paid under this section.

     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 - ABUSIVE WORK ENVIRONMENT

PREVENTION ACT

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     This act would establish the abusive work environment prevention act, which would

establish liability and remedies for creating an abusive work environment.

     This act would take effect upon passage.

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