SB195 By Senator Smitherman RFD Fiscal Responsibility and Economic Development Rd 1 10-MAR-15

SYNOPSIS: Under existing law, there is no specific statute that prohibits harassment, intimidation, or bullying in the workplace.

This bill would make harassment, intimidation, or bullying in the workplace an unfair labor practice.

This bill would define harassment, intimidation, or bullying.

This bill would provide a cause of action for an employee against an employer or fellow employee who commits the act of harassment, intimidation, or bullying in the workplace.

This bill would require employers to establish and implement a policy to address harassment, intimidation, or bullying in the workplace and to promote harassment and bullying prevention.

This bill would also authorize the Commissioner of the Department of Labor to adopt rules to carry out the provisions of this act.

A BILL TO BE ENTITLED AN ACT

Relating to bullying in the workplace; to make harassment, intimidation, or bullying in the workplace an unfair labor practice; to define harassment, intimidation, or bullying; to provide a cause of action for an employee against an employer or fellow employee who commits the act of harassment, intimidation, or bullying in the workplace; to require employers to establish and implement a policy to address harassment, intimidation, or bullying in the workplace and to promote harassment and bullying prevention; and to authorize the Commissioner of the Department of Labor to adopt rules to carry out the provisions of this act.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall be known and may be cited as the Healthy Workplace Act.

Section 2. As used in this act, "harassment, intimidation, or bullying" means any act that substantially interferes with an employee's work performance or creates an intimidating, hostile, or offensive work environment and:

(1) If the act takes place at the employee's workplace or at any employer-sponsored activity, has the effect of:

a. Physically harming an employee or damaging an employee's personal property;

b. Knowingly placing an employee in reasonable fear of physical harm to the employee or damage to his or her property;

c. Causing emotional distress to the employee; or

d. Creating a hostile work environment.

(2) If the act takes place outside of the workplace or the employer-sponsored activity is directed specifically at the employee and has the effect of creating a hostile work environment or otherwise creating a substantial disruption to the workplace environment.

Section 3. (a) It is an unlawful employment practice for:

(1) Any employer or employee to subject another employee to harassment, intimidation, or bullying; or

(2) Any employer or employee to retaliate in any manner against an employee who has opposed any 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, but not limited to, internal complaints and proceedings, arbitration or mediation proceedings, or legal actions.

(b) It shall be a defense to an act described in subsection (a):

(1) For an employer, if the employer exercised reasonable care to prevent and promptly correct the unlawful employment practice;

(2) For an employee, if the employee:

a. Unreasonably failed to take advantage of appropriate preventive or corrective opportunities provided by the employer; or

b. Acted at the direction of his or her employer under actual or implied threat of an adverse employment action.

(c) An employee injured by an act described in subsection (a) shall have a civil action in circuit court or district court. An action under this section must be commenced no later than one year after the last act that constituted the alleged violation occurred.

(d) When an employer or employee is found, by a court of competent jurisdiction, to be in violation of subsection (a), the court may enjoin the employer or employee from engaging in the unlawful employment practice and may order any other relief necessary, including, but not limited to, the removal of the offending party from the work environment, medical expenses, compensation for pain and suffering, compensation for emotional distress, punitive damages, and attorneys' fees.

Section 4. (a) Nothing in this act is intended to supersede the rights and obligations provided under the National Labor Relations Act, 29 U.S.C. Sections 151 to 169, as amended, any collective bargaining agreement, or any applicable federal or state labor law.

(b) Nothing in this act shall be deemed to exempt or relieve any person from any liability, duty, penalty, or punishment provided by any other state law.

Section 5. (a) If an employer knowingly, willfully, or intentionally causes a medical or wage loss claim to be paid under health insurance or accident insurance, or fails to provide reasonable and necessary medical treatment, including a failure to reimburse when the employer knew that the claim arose out of a compensable work-related injury and should have been submitted under its workers' compensation insurance coverage, then a civil penalty of five hundred dollars ($500) shall be assessed against the employer, and the employer may not offset any sickness or accident income benefit paid to the employee against its temporary total disability benefit payment liability due to the employee pursuant to this section. The Commissioner of Labor has the authority to assess and collect the civil penalty.

(b) This section shall not be construed to limit any individual's right to pursue any additional civil remedy otherwise allowed by law.

Section 6. (a) Not later than January 1, 2016, each employer, in consultation with the Department of Labor, shall adopt a policy prohibiting harassment, intimidation, or bullying. The policy shall include all of the following:

(1) A statement prohibiting harassment, intimidation, and bullying.

(2) A description of harassment, intimidation, and bullying.

(3) A description of the type of behavior expected from each employee.

(4) A statement of the consequences and appropriate remedial action for any employee who commits an act of harassment, intimidation, or bullying.

(5) A procedure for reporting an act of harassment, intimidation, or bullying, including a provision that allows an individual to anonymously report an act of harassment, intimidation, or bullying; provided this section shall not permit formal disciplinary action based solely on an anonymous report.

(6) A procedure for the prompt investigation of a reported act of harassment, intimidation, or bullying.

(7) A statement of the manner in which an employer shall respond after an act of harassment, intimidation, or bullying is reported, investigated, and confirmed.

(8) A statement prohibiting retaliation against any individual who reports an act of harassment, intimidation, or bullying and specifying the consequences and appropriate remedial action of an individual who engages in such retaliation.

(9) A statement of the consequences and appropriate remedial action for a person found to have intentionally falsely accused another of having committed an act of harassment, intimidation, or bullying.

(10) A statement of how the policy is to be publicized within the workplace, including a notice that the policy applies to behavior at employer- or work-sponsored activities.

(11) The identification by job title of work officials responsible for ensuring that the policy is implemented.

(b) No later than January 1, 2016, each employer shall provide all employees with a copy of the policy along with information on the policy's implementation, bullying prevention, and strategies to address bullying and harassment at the workplace.

(c) In addition, each employer shall provide training to employees regarding the policy and appropriate procedures relative to implementation of the policy. The Department of Labor shall provide guidelines for the training and provide recommendation of appropriate, available, and free bullying and harassment prevention resources.

Section 7. The Commissioner of Labor is authorized to adopt rules to effectuate the purposes of this act.

Section 8. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Harassment

Bullying

Labor

Labor Department

Health