December 17, 2009, Introduced by Reps. Gonzales, Spade, Polidori, Tlaib, Constan and Valentine and referred to the Committee on Labor.
A bill to prevent abusive conduct in the workplace; to require
employers to adopt a policy against an abusive workplace
environment; to provide a cause of action for employees who are the
subject of abusive conduct; to provide remedies; to provide
affirmative defenses; and to prohibit retaliation.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"abusive workplace prevention act".
Sec. 2. As used in this act:
(a) "Abusive conduct" means acts or omissions that a
reasonable person would find hostile, based on the severity,
nature, and frequency of the conduct, and includes, but is not
limited to, any the following:
(i) Repeated use of derogatory remarks, insults, or epithets.
(ii) Threatening, intimidating, or humiliating written or oral
communications, including electronic communications, or physical
conduct.
(iii) Sabotaging or undermining an employee's work performance.
(iv) Exploiting an employee's known psychological or physical
vulnerability.
(v) An especially severe or egregious single instance of any
of the behavior described in subparagraphs (i) to (iv).
(b) "Abusive work environment" means a work environment in
which an individual, acting with malice, subjects an employee to
abusive conduct severe enough to cause tangible harm to the
employee.
(c) "Adverse employment action" includes, but is not limited
to, constructive discharge, termination, demotion, unfavorable
reassignment, failure to promote, disciplinary action, or reduction
in compensation.
(d) "Constructive discharge" means the termination of
employment by resignation, if all of the following conditions are
present:
(i) The employee reasonably believes that he or she was
subjected to abusive conduct.
(ii) The employee resigned because of the abusive conduct.
(iii) Before resigning, the employee brought the abusive conduct
to the employer's attention and the employer failed to take
reasonable steps to correct the situation.
(e) "Employer" means an entity with 100 or more employees at
any time during the calendar year.
(f) "Malice" means the desire to cause pain, injury, or
distress to another.
(g) "Tangible harm" means material impairment of an
individual's physical health, mental health, or bodily integrity,
as established by competent evidence.
Sec. 3. An employer shall adopt and implement an abusive
workplace environment policy that includes procedures for
reporting, investigating, and remedying abusive conduct. The policy
shall include an impartial review board to evaluate employee claims
of abusive conduct and recommend remedies. The policy may include
preventive measures such as education and training.
Sec. 4. (1) An employee may bring a civil action against an
employer for damages or reinstatement, or both, if an adverse
employment action results from an abusive work environment.
(2) Any of the following is an affirmative defense to an
action under subsection (1):
(a) The employer adopted and enforced a policy required under
section 3, the employee did not bring a complaint of abusive
conduct to the employer's attention, and the employer had no other
reason to know of the abusive conduct.
(b) The employer responded reasonably and promptly to the
employee's report of abusive conduct.
(c) The adverse employment action was based on job
performance, misconduct, or economic necessity unrelated to abusive
conduct in the workplace.
(3) An action under this section shall be brought within 1
year of the adverse employment action.
Sec. 5. A person shall not retaliate or discriminate against
an individual because the individual has filed a complaint or
testified, assisted, or participated in an investigation,
proceeding, or civil action under this act.
Sec. 6. A civil action under this act is in addition to any
remedy provided in any other law. This act does not relieve any
person from any other liability, duty, penalty, or sanction
provided under any other law.