(1) An act or omission intended to inflict and resulting
in physical or psychological injury, which is not injury
compensable under the act of June 2, 1915 (P.L.736, No.338),
known as the Workers' Compensation Act, if the injury
necessitates treatment by a qualified, licensed medical,
mental health or rehabilitative professional and is inflicted
by means of acts or omissions that a reasonable individual
would find abusive, based on the severity, nature and
frequency of the conduct, including, but not limited to:
(i) Repeated verbal abuse by the use of derogatory
remarks, insults and epithets.
(ii) Verbal, nonverbal or physical conduct of a
threatening, intimidating or humiliating nature.
(iii) The sabotage or undermining of an employee's
work performance.
(2) It shall be considered an aggravating factor if the
conduct exploited an employee's known psychological or
physical illness or disability.
(3) A single act normally shall not constitute abusive
conduct, but an especially severe and egregious act may meet
this standard.
"Abusive work environment." 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 an employee to
abusive conduct.
"Adverse employment action." Any materially and objectively
adverse reduction in terms, conditions or privileges of
employment, including, but not limited to:
(1) a termination, demotion, unfavorable reassignment or
failure to promote;
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