Bill > A2299

Introduced Session

This bill, the "Healthy Workplace Act," makes it an unlawful employment practice for an employer to subject an employee to abusive conduct or to permit an abusive work environment. Moreover, it makes it an unlawful employment practice for an employer to retaliate in any manner against an employee because he has brought legal action, or because he has made a charge, testified, assisted or participated in any manner in an investigation or proceeding related to the abusive conduct or work environment. Under the bill, any employer who knowingly and willingly violates any provisions will be liable for a penalty of not more than $25,000. The bill provides the employer with an affirmative defense to an action for an abusive work environment if he can show that he exercised reasonable care to prevent and promptly correct the abusive conduct and that the aggrieved employee failed to take advantage of appropriate preventative or corrective opportunities provided by the employer. The bill further provides that if a person elects to receive workers' compensation in connection with the abusive workplace conduct in lieu of bringing a separate legal action, then they will not be permitted to recover damages under a separate legal action. Finally, the bill directs the Commissioner of Labor and Workforce Development to adopt rules and regulations necessary to implement the provisions of the bill.

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Valerie Vainieri Huttle (D)*, 

Introduced, Referred to Assembly Labor Committee (on 02/04/2016)