New York bill would allow civil suits for abusive work environments

New York employees subjected to abusive work environments would be allowed to file civil lawsuits against their employer and employers could be held vicariously liable for such work environments, according to a bill introduced in the state Assembly on Friday.

A.B. 8906, which was referred to the state labor committee, would provide legal protection to employees who have been subjected to abusive treatment in the workplace who cannot establish the behavior was motivated by race, color, sex, sexual orientation, national origin or age.

The bill states that legal protection from abusive work environments should not be limited to behavior grounded in a protected class status as required by employment discrimination statutes.

“Existing workers compensation provisions and common law tort law are inadequate to discourage such mistreatment or to provide adequate redress to employees who have been harmed by abusive work environments,” the bill states.

Abusive work environment is defined in the bill as “an employment condition when an employer or one or more of its employees, acting with intent to cause pain or distress to an employee, subjects that employee to abusive conduct that causes physical harm, psychological harm or both.”

The bill also provides legal incentives for employers to prevent and respond to abusive mistreatment of employees at work.

The Senate version was introduced Jan. 13.