1Providing for healthy workplaces; and allowing for court-ordered
2relief.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Healthy
7Workplace Act.

8Section 2. Declaration of purpose.

9The General Assembly finds and declares as follows:

10(1) The purpose of this act is to provide legal redress
11for employees who have been harmed psychologically,
12physically or economically by deliberate exposure to abusive
13work environments and to provide legal incentives for
14employers to prevent and respond to abusive treatment of
15employees at work.

16(2) The social and economic well-being of this
17Commonwealth is dependent upon healthy and productive

1employees. 

2(3) At least 1/3 of all employees directly experience
3health endangering workplace bullying, abuse and harassment
4during their working lives.

5(4) Workplace bullying, abuse and harassment is four
6times more prevalent than sexual harassment alone.

7(5) Workplace bullying, mobbing and harassment can
8inflict serious harm upon targeted employees, including
9feelings of shame and humiliation, severe anxiety,
10depression, suicidal tendencies, impaired immune systems,
11hypertension, increased risk of cardiovascular disease and
12symptoms consistent with post-traumatic stress disorder.

13(6) Abusive work environments can have serious
14consequences for employers, including reduced employee
15productivity and morale, higher turnover and absenteeism
16rates and significant increases in medical and workers'
17compensation claims.

18(7) Legal protection from abusive work environments
19should not be limited to behavior grounded in a protected
20class status as required by the act of October 27, 1955
21(P.L.744, No.222), known as the Pennsylvania Human Relations
22Act.

23(8) Existing workers' compensation provisions and common
24law tort law are inadequate to discourage abusive work
25environments or to provide adequate redress to employees who
26have been harmed by abusive work environments.

27Section 3. Definitions.

28The following words and phrases when used in this act shall
29have the meanings given to them in this section unless the
30context clearly indicates otherwise:

1"Abusive conduct." Acts or omissions that a reasonable
2individual would find abusive, based on the severity, nature and
3frequency of the conduct, including, but not limited to:

4(1) repeated verbal abuse by the use of derogatory
5remarks, insults and epithets;

6(2) verbal, nonverbal or physical conduct of a
7threatening, intimidating or humiliating nature; or

8(3) the sabotage or undermining of an employee's work
9performance. It shall be considered an aggravating factor if 
10the conduct exploited an employee's known psychological or 
11physical illness or disability. A single act normally shall 
12not constitute abusive conduct, but an especially severe and 
13egregious act may meet this standard.

14"Abusive work environment." An employment condition when an
15employer or one or more of its employees, acting with intent to
16cause pain or distress to an employee, subjects an employee to
17abusive conduct that causes physical or psychological harm.

18"Adverse employment action."  An outcome that negatively
19impacts an employee, including, but not limited to:

20(1) a termination, demotion, unfavorable reassignment or
21failure to promote;

22(2) disciplinary action; or

23(3) reduction in compensation.

24"Constructive discharge."  An adverse employment action by
25which:

26(1)  the employee reasonably believed he or she was
27subjected to an abusive work environment;

28(2)  the employee resigned because of the conduct; and

29(3)  the employer was aware of the abusive conduct before
30the resignation and failed to stop it.

1"Physical harm."  The impairment of an individual's physical
2health or bodily integrity, as established by competent evidence
3to the satisfaction of the court.

4"Psychological harm."  The impairment of an individual's
5mental health, as established by competent evidence to the
6satisfaction of the court.

7Section 4. Abusive work environment.

8An employee may not be subjected to an abusive work
9environment. An employer or employee may not retaliate in any
10manner against an employee who has opposed an unlawful
11employment practice under this act or who has made a charge,
12testified, assisted or participated in any manner in an
13investigation or proceeding under this act, including, but not
14limited to, by:

15(1) internal complaints and proceedings;

16(2) arbitration and mediation proceedings; or

17(3) legal actions.

18Section 5.  Employer liability.

19An employer shall be vicariously liable for a violation of
20section 4 committed by its employee. If the alleged violation of
21section 4 does not include an adverse employment action, it
22shall be an affirmative defense for an employer only that:

23(1)  the employer exercised reasonable care to promptly
24prevent and correct any actionable behavior; and

25(2)  the complainant employee unreasonably failed to take
26advantage of appropriate preventive or corrective
27opportunities provided by the employer.

28Section 6.  Employee liability.

29An employee may be individually liable for a violation of
30section 4. It shall be an affirmative defense for an employee

1only that the employee committed a violation of section 4 at the
2direction of the employer, under actual or implied threat of an
3adverse employment action.

4Section 7.  Affirmative defenses.

5An affirmative defense shall be any of the following:

6(1) The complaint is based on an adverse employment
7action reasonably made for poor performance, misconduct or
8economic necessity.

9(2) The complaint is based on a reasonable performance
10evaluation.

11(3) The complaint is based on an employer's reasonable
12investigation about potentially illegal or unethical
13activity.

14Section 8.  Remedies.

15(a) Relief.--If a defendant has been found liable for a
16violation of section 4, the court may enjoin the defendant from
17engaging in the unlawful employment practice and may order any
18other relief that is deemed appropriate, including, but not
19limited to, any of the following:

20(1) Reinstatement.

21(2) Removal of the offending party from the plaintiff's
22work environment.

23(3) Reimbursement for lost wages, front pay and medical
24expenses.

25(4) Compensation for pain and suffering.

26(5) Compensation for emotional distress.

27(6) Punitive damages.

28(7) Attorney fees.

29(b) Limitation.--If an employer is liable for a violation of
30section 4 that did not include an adverse employment action,

1emotional distress damages and punitive damages may be awarded
2only when the actionable conduct was extreme and outrageous. 
3The limitation does not apply to individually named employee
4defendants.

5Section 9.  Enforcement.

6The provisions of this act are enforceable solely by means of
7a civil cause of action commenced by an injured employee to be
8commenced no later than one year from the date of the last
9alleged violation of section 4.

10Section 10. Collective bargaining agreements.

11This act may not prevent, interfere, exempt or supersede
12current provisions of an employee's existing collective
13bargaining agreement that provides greater rights and
14protections than prescribed in this act. This act may not
15prevent new provisions of the collective bargaining agreement
16that provide greater rights and protections from being
17implemented and applicable to the employee within the collective
18bargaining agreement. If the collective bargaining agreement
19provides greater rights and protections than outlined in this
20act, the recognized collective bargaining agent may opt to
21accept or reject to be covered by the provisions of this act.

22Section 11.  Effect of other laws.

23(a) Effect.--Except as provided for in subsection (b),
24provisions of this act may not be deemed to exempt a person from
25a liability, duty or penalty provided by any other provision of
26law. The remedies provided under section 8 shall be in addition
27to remedies provided under any other provision of law.

28(b) Exception.--Payments of workers' compensation shall be
29reimbursed from damages paid under this act if an employee
30receives compensation:

1(1) for medical costs for the same injury or illness
2pursuant to both this act and the act of June 2, 1915
3(P.L.736, No.338), known as the Workers' Compensation Act; or

4(2) in cash payments under both this act and the
5Workers' Compensation Act for the same period of time not
6working as a result of the compensable injury or illness or
7unlawful employment practice.

8Section 12.  Effective date.

9This act shall take effect immediately.