Pennsylvania HB 863: An Act providing for legal protections from abusive work environments and for remedies.

Bill Text

PRINTER'S NO. 900
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 863
Session of
2025
INTRODUCED BY HARKINS, FREEMAN, HILL-EVANS, GIRAL, CURRY,
MADDEN, WAXMAN, CERRATO, KENYATTA, SANCHEZ, MALAGARI AND
CIRESI, MARCH 11, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 11, 2025
AN ACT
Providing for legal protections from abusive work environments
and for remedies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Healthy
Workplace Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abusive conduct." As follows:
(1) An act or omission intended to inflict and resulting
in physical injury or psychological injury, which is not
injury compensable under the act of June 2, 1915 (P.L.736,
No.338), known as the Workers' Compensation Act, if the
injury necessitates treatment by a qualified, licensed
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medical, mental health or rehabilitative professional and is
inflicted by means of acts or omissions that a reasonable
individual would find abusive, based on the severity, nature
and frequency of the conduct, including:
(i) Repeated verbal abuse by the use of derogatory
remarks, insults and epithets.
(ii) Verbal, nonverbal or physical conduct of a
threatening, intimidating or humiliating nature.
(iii) The sabotage or undermining of an employee's
work performance.
(2) It shall be considered an aggravating factor if the
conduct exploited an employee's known psychological or
physical illness or disability.
(3) A single act normally shall not constitute abusive
conduct, but an especially severe and egregious act may meet
this standard.
"Abusive work environment." An employment condition when an
employer or one or more of an employer's employees, acting with
intent to cause pain or distress to an employee, subjects an
employee to abusive conduct.
"Adverse employment action." A materially and objectively
adverse reduction in terms, conditions or privileges of
employment, including:
(1) a termination, demotion, unfavorable reassignment or
failure to promote;
(2) disciplinary action; or
(3) reduction in compensation.
"Employee." A person who performs a service for wages or
other remuneration under a contract of hire, written or oral,
express or implied, for an employer. The term does not include:
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(1) an individual employed in agriculture or in the
domestic service of a person;
(2) an individual who, as a part of the individual's
employment, resides in the personal residence of the
employer; or
(3) an individual employed by the individual's parents,
spouse or child.
"Employer." An individual, partnership, association,
organization, corporation, legal representative, trustee in
bankruptcy or receiver employing another person within this
Commonwealth. The term includes the Commonwealth and any
political subdivision, authority, board or commission of the
Commonwealth. The term does not include religious, fraternal,
charitable or sectarian corporations or associations, except
those corporations or associations supported, in whole or in
part, by governmental appropriations.
"Physical injury." The impairment of an individual's
physical health or bodily integrity, as established by competent
evidence to the satisfaction of the court.
"Psychological injury." The impairment of an individual's
mental health, as established by competent evidence to the
satisfaction of the court.
Section 3. Abusive work environment.
(a) Prohibition.--An employee may not be subjected to an
abusive work environment by an employer or other employee.
(b) Retaliation prohibited.--An employer or employee may not
retaliate in any manner against an employee who has opposed an
unlawful employment practice under this act or who has made a
charge, testified, assisted or participated in any manner in an
investigation or proceeding under this act, including by:
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(1) internal complaints and proceedings;
(2) arbitration and mediation proceedings; or
(3) legal actions.
Section 4. Employer liability.
An employer shall be liable for a violation of section 3
committed by an employer's employee. If the alleged violation of
section 3 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 promptly
prevent and correct any actionable behavior; and
(2) the complainant employee unreasonably failed to take
advantage of appropriate preventive or corrective
opportunities provided by the employer.
Section 5. Employee liability.
An employee may be individually liable for a violation of
section 3. I