New York S 1893: Establishes a civil cause of action for employees who are subjected to an abusive work environment

Bill Text

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S01893 Summary:

BILL NOS01893 

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SAME ASSAME AS A03482

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SPONSORSANDERS

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COSPNSRADDABBO, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, FAHY, FERNANDEZ, GOUNARDES, HARCKHAM, HINCHEY,
 HOYLMAN-SIGAL, JACKSON, KRUEGER, MARTINEZ, MAY, MAYER, MYRIE, PARKER, RAMOS, RIVERA, RYAN C,
 SALAZAR, SEPULVEDA, SERRANO, SKOUFIS, WEBB

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MLTSPNSR

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Add Art 20-D §§760 - 769-a, Lab L

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Establishes a civil cause of action for employees who are subjected to an abusive work environment; provides employers shall be vicariously liable for such work environment.

Go to top S01893 Actions:

BILL NOS01893 

&nbsp

01/14/2025REFERRED TO LABOR

05/20/20251ST REPORT CAL.1191

05/21/20252ND REPORT CAL.

05/22/2025ADVANCED TO THIRD READING 

06/13/2025COMMITTED TO RULES

01/07/2026REFERRED TO LABOR

Go to topS01893 Committee&nbspVotes:

Go to topS01893 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01893 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1893

 2025-2026 Regular Sessions

 IN SENATE

 January 14, 2025
 ___________

 Introduced by Sen. SANDERS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Labor

 AN ACT to amend the labor law, in relation to establishing the New York
 workplace bullying prevention act

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "New York workplace bullying prevention act".
 3 § 2. The labor law is amended by adding a new article 20-D to read as
 4 follows:
 5 ARTICLE 20-D
 6 WORKPLACE BULLYING PREVENTION
 7 Section 760. Legislative findings and intent.
 8 761. Definitions.
 9 762. Abusive work environment.
 10 763. Employer liability.
 11 764. Employee liability.
 12 765. Affirmative defenses.
 13 766. Burden of proof.
 14 767. Remedies.
 15 768. Enforcement.
 16 769. Effect on collective bargaining agreements.
 17 769-a. Effect of other laws.
 18 § 760. Legislative findings and intent. 1. The legislature hereby
 19 finds that:
 20 (a) the social and economic well-being of the state is dependent upon
 21 healthy and productive employees;
 22 (b) approximately one-third of all employees directly experience work-
 23 place bullying, abusive mistreatment or harassment during their working
 24 lives;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01166-02-5

 S. 1893 2

 1 (c) workplace bullying, mobbing and non-discriminatory harassment can
 2 inflict serious health harms upon targeted employees, including insomnia
 3 and chronic fatigue syndrome, anxiety and depression disorders,
 4 migraines, suicidal ideation, impaired immune systems, hypertension and
 5 cardiovascular disease, complex post-traumatic stress syndrome, and
 6 deterioration of familial relationships;
 7 (d) coworkers who witness abusive mistreatment of other employees can
 8 be negatively impacted in similar ways;
 9 (e) abusive work environments can have serious and costly consequences
 10 for employers, including reduced employee productivity and morale, high
 11 absenteeism rates, increased medical and workers' expenses, and
 12 increased employee turnover with concomitant replacement and training
 13 costs;
 14 (f) existing harassment laws are only applicable if the abusive
 15 mistreatment in the workplace is motivated by discriminatory animus
 16 towards the target's race, color, religion, national origin, sex, sexual
 17 orientation, age, disability, or military status;
 18 (g) legal protection from abusive mistreatment in the workplace should
 19 not be limited to behaviors predicated on protected class status; and
 20 (h) existing workers' compensation plans, occupational safety and
 21 health laws, and common law tort actions do not adequately prevent work-
 22 place bullying, nor do they provide adequate opportunities for redress
 23 and relief to employees who have been harmed by workplace bullying.
 24 2. It is the purpose of this article:
 25 (a) to provide an incentive for employers and workers to refrain from
 26 mistreating their workers and coworkers in an abusive manner;
 27 (b) to provide an incentive for em