Pennsylvania SB 1250: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in preliminary provisions, providing for online and distance learning access.

Bill Text

PRINTER'S NO. 1543
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1250
Session of
2026
INTRODUCED BY KANE, HUGHES, VOGEL, TARTAGLIONE, COMITTA,
HAYWOOD, STREET, COSTA, PISCIOTTANO AND CAPPELLETTI,
MARCH 30, 2026
REFERRED TO LABOR AND INDUSTRY, MARCH 30, 2026
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 Safe
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) Unwelcome, degrading and dehumanizing conduct that
is severe or pervasive enough to create a work environment
that a reasonable person would consider toxic, hostile or
abusive. The following apply:
(i) Conduct may include false accusations, sabotage
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of work performance, consistent ignoring or ostracism,
removal of major responsibilities, consistent
unreasonable workloads, excessive monitoring, consistent
micromanagement, persistent hypercriticism, impossible
deadlines, pressure to engage in unethical behavior or
give up rights or benefits, retaliation for speaking up
or repeated verbal abuse.
(ii) Isolated, minor incidents and expressions of
disagreement and constructive feedback are not bullying
unless they meet the threshold of abuse.
(iii) Workplace bullying may be perpetrated by one
or more persons.
(iv) Workplace bullying is found by a review of the
totality of the circumstances, including, but not limited
to, the nature, frequency and duration of the conduct.
(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 unless the act is egregious.
"Abusive work environment." An employment condition
permeated with acts or omissions of acts by an employer,
supervisor or one or more of an employer's employees
sufficiently plausible to cause pain or distress to an employee.
"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
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(3) reduction in compensation.
"Employ." To engage, suffer or permit to work.
"Employee." As follows:
(1) An individual employed by an employer.
(2) A worker is considered an employee and not an
independent contractor unless the worker satisfies all three
of the following conditions:
(i) The worker is free from the control and
direction of the employer in connection with the
performance of work, both under the contract for the
performance of the work and in fact.
(ii) The worker performs work that is outside the
usual course of the employer's business.
(iii) The worker is customarily engaged in an
independently established trade, occupation or business
of the same nature as that involved in the work
performed.
"Employer." The Commonwealth, a political subdivision of the
Commonwealth, an instrumentality of the Commonwealth or a
political subdivision of the Commonwealth or a person,
association, organization, partnership, business trust, limited
liability company or corporation that, directly or indirectly,
through an agent or any other person, employs or exercises
control over the wages, hours or working conditions of an
employee.
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
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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:
(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 the
employer exercised reasonable care to promptly prevent and
correct any actionable behavior.
Section 5. Employee liability.
An employee may be individually liable for a violation of
section 3. It shall be an affirmative defense for an employee
only that the employee committed a violation of section 3 at the
direction of the emp