May 13th, 2010
NY SENATE PASSES LANDMARK LEGISLATION TO HALT BULLYING AND ABUSE IN THE WORKPLACE
New York State Senator Thomas P. Morahan, Chairman of the Committee on Mental Health and Developmental Disabilities today secured Senate passage of his landmark legislation (S.1823-B) which establishes a civil cause of action for employees who are subjected to an abusive work environment. The May 12 Senate floor vote was 45 in favor, 16 against, 1 abstention.
Specifically, this legislation provides legal redress for employees who have been harmed psychologically, physically or economically by being deliberately subjected to abusive work environments; and it provides legal incentives for employers to prevent and respond to mistreatment of employees at work. This is the Workplace Bullying Institute Healthy Workplace Bill (HWB) that has been introduced in 16 other states. It was authored by Suffolk Law Professor David Yamada. The grassroots group NY Healthy Workplace Advocates has been the local catalyst for the many bills introduced in New York state since 2007.
“The social and economic well-being of the State is dependent upon healthy, safe, and productive employees,” said Senator Morahan. “I want to thank all my colleagues, on both sides of the aisle, who voted for this legislation today. In particular, Senator George Onorato, Chairman of the Labor Committee, Republican Leader Dean Skelos, Majority Conference Leader John Sampson and Deputy Majority Leader Jeff Klein for helping secure passage of the legislation.”
“I became aware of the prevalence of abusive environments in the workplace when one of my constituents brought her situation at her place of employment to my attention. It became apparent that legislation was needed to address the problem,” said Morahan.
“Workplace bullying, abuse and harassment bring with them a variety of very serious human and economic costs,” said Senator George Onorato, Chairman of the Labor Committee and co-prime sponsor of the legislation. “Abusive behavior can cause grievous harm to employees who are the victims of it, leading to all manner of health problems and, often, forcing them to leave their jobs to escape it. In addition, it costs employers in terms of lost employee productivity, and other workplace problems. By taking aim at abusive work environments, this legislation will protect employees from inappropriate behavior and help our businesses to become more productive and successful.” The bill passed Onorato’s committee on March 12, 2010.
“Mistreatment of employees in the workplace is a serious issue, but too often, workers have no recourse when they are subject to an abusive work environment,” said Senate Republican Leader Dean G. Skelos. “Senator Morahan’s legislation will help employees who have been harmed, physically, mentally or financially, and will encourage employers to do more to prevent and respond to this problem.”
“We are truly appreciative of Senator Morahan’s efforts which have culminated in the passage of vital legislation today in the New York State Senate,” said New York Healthy Workplace Advocate State Coordinators Mike Schlicht and Tom Witt.
“On behalf of the workforce of our State, I call on my Legislative colleagues in the Assembly to pass this bill in their house,” said Senator Morahan.
“This is only the second state in the nation to have passed the HWB on a floor vote. Now it is up to the outgoing Chair of the Assembly Labor Committee, Susan John, who is not running for re-election, and Assembly Speaker Sheldon Silver to guide the bill to a successful Assembly vote,” said Gary Namie, WBI Director. “Thanks to NYHWA, the bill has 48 Assembly co-sponsors. With a positive vote by June 21, the bill could be on the Governor’s desk and become the first law in the U.S. of its kind”
Anyone who supports the passage of the HWB into law, please follow instructions at the NY State page of the HWB website.
Tags: Healthy Workplace Bill, HWB, Morahan, Namie, NY Healthy Workplace Advocates, NY Senate, Onorato, S1843B, Schlicht, Sheldon Silver, Skelos, Susan John, Witt, Workplace Bullying Institute, Yamada
This entry was posted on Thursday, May 13th, 2010 at 7:49 am and is filed under Legislative Campaign. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
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Although I live in Indiana, I am glad to see our legislators see that this is a serious issue. I lost my job almost two years ago to a bully. I have been unable to secure employment. The bullying caused me to lose all confidence in myself. I have been suffering from extreme depression. I hope that all states will recognize that we need protection from workplace bullies and that the bullies need to be held accountable for their actions.
Cindy my Dear Girlfriend Lisa whom works for the ulster county ny (the County Clerk to be exact)
has been with the clerks office for 27yrs she has served to the utmost best of her ability, she is respected amonst the public she works with not one of her coworkers or ummmm leaders treat her with any respect or dignity, they are 5 days away not to strip her of her pay rate and place her back into a hostile work area, she has been off for 30 day no pay because she suddenly is incompetent to do the job she has done for 27 yrs the county office she works with is chuck full of family members and crony’s. also after she goes back to work if she makes clerical error
again she will be fired loosing her retirement and all she worked for I feel for you Cindy, Lisa is going thru this nightmare now.
How is this overlooked in MA? Sometimes adults can be stronger bullies than children. I think that if parents are bullies at home or in the WORKPLACE there is some of the reason why children are bullying in school. Apples don’t fall far from trees but they get bruised along the way! I believe that this bullying could sometimes start at home and if there are bullying laws for children the first place to look is at the adults and the workplace is a crucial place to start. Help for this is needed in Ma. too.
I am a victim of bullying in the work place. I work for a Company Known as CARTS in Soldotna Alaska. My supervisor SH screams at me on the phone while I am driving, customers hear her yelling over the radio in the vehicle that I am driving. She’s rude, whens she yells at me I ask her to stop and she screams louder. I am not happy with the working environment and I am also looking for another job as I speak. I end up taking out how I feel on the one that I love. And I am starting to hate myself for the way that I am acting after a crappy day at work. I have panic attacks, can’t breath, can’t see, and most of all its not safe for the job that i provide for my customers.My ulcers are bleeding and I am always feeling sick.The problem is that she not only yells at me and the other drivers she is also rude to the customers. I don’t know how to deal with my anger very well and am worried that they will fire me at anytime for the smallest things. If someone could help me i would appreciate it a lot, but the company i work for is funded buy the state, the local board, and our state department of transportation. This has to stop for the sake that something could happen.
I am a victim of bullying for a a year now at the school I work at and am sick and ill from it I have lost work time as well I am being blamed for it and now one wants to step up and stop these woman from bullying me. One just had her hand in my face the other day yelling at me in front of the students. This is in Maryaland are there laws protecting me in Maryland
Hi Sharon. We sent you some helpful tips by email. Good luck and hang in there!
Are there any laws in Maryland regarding bullying
I am a victim getting no help
I am working for a Narcissitic boss that is a bully. I know they are basically one in the same. I am trying to find out what the laws are in Maryland for this type of behavior in the workplace. Can anyone help?
I’ve shared your comment with our Maryland legislative coordinators. Hang in there!
-Dave Phillips
WBI
Is there any law like this in NJ? My boss does not have my back. I had a customer verbally abuse me and screaming for a manager because someone else who should have helped didn’t want to and was told to get their name and phone number and someone will call them back. WTF? That is not supposed to help me or the customer. Something needs to be done to protect the employee from abusive customers. I’m told “it comes with the job”. Newsflash, no it doesn’t. I’m not a door mat, I’m a human being and deserve to be treated as such.
There are NO laws in any state in the U.S. NY passed its Senate version of the bill in 2010. It all begins again in 2011. New Jersey is midway through its 2009-2011 session. Visit: the NJ page at the Healthy Workplace Campaign.
i work in civil service Suffolk Co.NY. cannot give my name yet…insane what has happened and is happening here. i am a female with 90 years service in our family
I work in civil service in suffolk county also , I am a women, there if at least 90 years service in my family also. I am being so bullied it is terrible.
We should talk -we don’t have to exchange info. I am just sick
Your fellow suffolk county employee
Ulster county isn’t any better the County Clerk Nina Posturpak has groomed an entire county clerks staff into a bunch of cronies, of course half the staff is related to her or connected someway, hell the deputy clerk is her sister. imangine the bottle necks and lack of performance everyone scared everyone back stabbing it’s ugly my girlfriend has worked there 27yrs and is about to loose everything she has earned and worked so hard for.
Mike Mason
That’s typical of Ulster County. If you don’t know someone in that region, you will go no-where fast there. Stay away from that area at all costs unless you are a vactioner, retiree or have affiliates there who know ‘big shots’.
I am a victim of workplace bullying&harrasment, & makes for a hostile environment. The office director who placed my desk in the front of the office with no air vents, hired this piece of trash as favor to an x employee. This person was I believe encouraged to attack me on every level. She went so far is to write a mess of slanderous lies on an “appraisal” form and timed my work tasks, followed me to the bathroom, shook her finger in my face on a daily basis, had me doing specific jobs for her that she got gifts for – I never got a thank you- But finally left -hooray-left behind work that was a mess and took staff months to fix. Left a medical certification letter in my chair, (and she went home weekly with Migraines) & stole my medical documents out of the envelopes and then threatened to take me off the payroll- my symptoms-heart palpitations, constantly upset & caused family issues, both her and the Director should be sued. In my opinion anyone who doesn’t support this bill IS PART OF THE PROBLEM! I rest assured that God will take care of both of them.
The outrageousness and shamelessness of the crap they did needs to be public. Doubters just don’t believe it’s real. We know it’s real.
How did NY go about and start to lobby for this law?
How can other states begin to implement such a law?
What is the status? Did it get voted in this past June?
I truly believe that workplace bullying is very common, however, being an adult, one is too humiliated or even confused as how to properly deal with it. Such a behavior is occurring from one adult to another can truly be overwhelming. Also, I have a feeling that so much workplace bullying goes unreported due to this embarrassment and/or fear of losing one’s employment.
Go the sidebar of this WBI site front page. See the logo for the Healthy Workplace Bill. Follow it to the website for the national Healthy Workplace Campaign and learn how to get this going in your states. That work is ours, too. Thanks for showing interest.
Please pass this law IN the name of God
Bully exists in NYS Civil Servie. I have seen hard working decent employees bullied out there jobs because they would not sell their souls, I am a victim and it is at times very traumatic.. especially when There is no real help — when bullies get together it can be worse, Management sometimes have personal relationships with subordinates and know each other dirty little secrets so …there is a reluctance on Managments part to do anything about the bullies.. And sometimes the bullies are Supervisors and Managers…………..Please pass this law ….I believe it may stop some the bullying
Fear of losing employment is a big deal….people think that Civil Service is Secure …However, employees will get together and set you up to lose your job or stress you out so you will quit or have a nervous breakdown…..if you dare complain about bullying……….. Manager will reward loyal bullies who will lie for them with less work…etd….. extended lunches…..I pray for all those who are being bullied on jobs it is very serious and …..hope will stop…..passing this law will be some Kind of Justice and acknowledgement that this is not just happening in school………
I worked for First Student in Kingston NY. It makes my stomach turn when I think about who they allow to be in management at that facility. My ex-boss Blanche Temple used bullying to try to get me to quit and break down my self-esteem on a regular basis. She is the primary reason why we voted for the union (Teamsters Local 445). Here is one of many examples: When I lost a State Funded run that was given to me because I won it on a seniority basis 9 months prior due to budget cuts, she called me into her office and treated me like complete garbage in letting me know the run was going to end. She made rude remarks such as, “Nobody wants you, don’t even try looking for another job for nobody will hire you!” she went onto say things like, “You are lucky we put up with you as hyper and as high strung as you are!” It was bad enough I was losing a good solid income, now I had to hear her nasty remarks?
I always performed not as a good bus driver, but an excellent one. I purposely chose not to be one of the cronies who brings her coffee and hangs out in the office kissing up to her and being one of her “spies”. Having her in charge made not only my job but many others who both quit or are still working there a discusting place to go to work every day. It affected every aspect of my life and I am in severe depression as a result of losing the job (the reason I lost the job is a whole other story, and yes it is related to this ‘bully’ Blanche Temple). I will never forget that day as long as I walk this earth. This was only one of literally nearly 100 incidents I had to deal with over a period of 9 years working for Laidlaw-First Student. She would always say things like: “Because of your moods we will only allow you to do certain tasks in an attemplt to both make me feel low and make me yell back at her which would give her reason to write me up. She is truly a mean power-hungry tyrant.
One of the big banners posted outside the yard when teamsters 445 was campaigning to come to our yard was “End Favoritism” That’s her forte. If you aren’t one of her favorites, she makes your life miserable. She doesn’t deserve to be a manager at that facility or for any other company for that matter.
Did you file charges against them? Sounds like you may have a case if you approach it diligently. Best of Luck
My wife works for a local bank. She has been dealing with a co worker bullying her for a little over a year now. At first her boss was sympathetic to her problem and stressed to her that he would take care of it. The bullying consists of rude comments,as well as calling my wife a bitch, hostile actions,and gossip. My wife has documented and reported these cases to her boss. A few weeks ago they all had a meeting,the bully,my wife and the boss. It was agreed by the bosses that the bully would have a different boss and that is it. The other day,the bully came into my wifes office demanding to know where some supplies were,when my wife went to the drawer to get the supplies,the bully shoved in front of her and came very close to hitting my wife in the face with the some envelopes she had in her hands. My wife again called the boss,and the boss told my wife ” nothing can or will be done,go to work,put your headphones on,stay away from her and ignore her. This is also a problem as my wifes office area is basicall 50 feet from the bullys. This is ongoing constant harassment. My wife comes home crying and upset at least once a week. unfortunately the bully has long time friends in HR and is friends with the VP of the bank. My wife has been there going on three years and the bully over 13years. other people are aware of how this “bully” ( 60+ yr old lady) acts,but are afraid to come forward. Is there any information you can give me,to assist in getting this to stop,short of my wife quitting her job. Which by the way is indirectly what her boss told her to do ” you;ll have to ignore her and staw away from her,or you will have to do whats going to make you happy”…thanks for any help you can provide.
Matt
Contact WBI at 360-656-6630 for help. Inquire about coaching.
I have a 2nd shift plant manager who causes hell for 2nd and third shift she will target you until she gets u fired life there is miserable I hate bring there but I have to im a single mother of two boys however she will target a person until they are fired she threatened to cut my hair because a piece hung out under my bump cap she has flipped out because my dr took me out of work when I was pregnant the day I found out diego the chemicals she told hr the drs worried about the chemicals but yet she smokes the day I found outbid was pregnant. She will write me up forbthings moons else ever gets written up for wrote me up for not standing on the broken platform that I told her needed to be fix 3 months prior I would be seriously hurt!! She degrades her targets she’s manipulative sh has been reported however hr doesn’t want ti do a thing about it! She’s been reported millions of times and nothing! Everyones afraid to report her because they arebafraid she will go at them harder and make them lose their jobs she’s been fired before for bullying from previous jobs! Even our supervisors are miserable she’s mean to them yells atbthem ect. Please help me im at my wits end imvgoing insane I deal with her on an everyday basis she even left a note for my supervisor to write me up while she’s on vacation for an incident not of my control even union reps are terrified I need to kno what to do!!! Im in ny
I am grisly miserable at work I work ins factory in ny and we have a 2nd shift manager she is terrible she is constantly degrading me trying to get me written up for things that moons has ever been written up for before she has threatened to cut my hair due to a piece hanging out of my bump cap she targets us until she can get rid of us moons will report her because they are afraid she will come at them. Harder the ones who have reported her are fired help me I can’t eat can’t sleep its affected both my home and work life help me im going insane and I can’t get answers I am one of her few targets but our voices are not heard everyone agrees but everyones also afraid to push the issue because of her power even our supervisors are scared little puppies they are her minions she makes them write us up so it doesn’t fall back on her please for the love of god we need help who can I talk to the womans on vacation and she’s still making my life miserable she left a note for my supervisor to write me up one her day off!! Please
I work at a private dental office in NYC and ever since my first day on the job my direct supervisor has bullied me. I was physically assaulted and when I complained to the partners she demonstrated what she did in front of the senoir partner!!! And then told me at a later time ‘if I planned to go running to the doctors’ every time she physically cornered me. One month ago I was told that I was being fired because of complaints she had made against me. When I asked for my infractions to be documented, I was told that I was no longer being fired but being placed on “probation” till the end of the year and my work schedule was reduced by two days. After a week of uncertainty about my job security I voluntarily reduced my work schedule to two days per week- specifically on days that the supervisor was not on duty. She also does payroll and she deducted half of my salary for the insurance plan that was cancelled knowing that the premium should not have been deducted. Then she contacts me at home on my day off to discuss work related business that was so trivial it could have waited until my next day at work. If I quit I will not get unemployment. But how do I file a formal complaint? I get anxiety attacks when I think about going to work and now I think I need to change my number because she keeps calling and harrassing me from the company’s blocked number! SOMEONE PLEASE. HELP ME!! I can’t lose my job now and I am so scared!
Physical battery (if touched) is stronger than assault. Call the police, not the employer. File a police report. She has already retaliated. You might even get an attorney to ask a judge for a restraining order. Yes. This has been done before. You work under a cloud of fear for your physical safety (not an exaggeration). By you having an order in place, the employer, when they fire you, will have trouble defending the retaliation in addition to their abusive supervisor.
I posted at Number 13 (on June 10 of Last Year)..
I just want to say that as a result of First Student and Adrian Huff President/Chairman of Teamsters Local 445 out of Newburgh, NY and the Hostile Work Evnironment discussed with my former Boss Blanche Temple, I ended up so depressed that I had to seek government help. I cannot find another suitable job or solid driving position. The Union Representative lied to me stating that all I have to do is apply for a job, mention his name in another division of First Student Inc which he is a labor representative and I would have a job. I did as he told me to and was given ‘the run around’, ultimately leading to a big “no” from First Group America. The company itself promised me a position as long as I re-applied in another yard.. That was a lie too. When I confronted him about losing my job during the past 7 months or so, he lied to me and tried to make it sound as if I didn’t contact the Local Union 445 when in fact I did.. I am still jobless, extremely depressed and now have to seek treatment and government assistance due to the concern of both Union Local 445 and First Transit Inc. The purpose of a Union is to protect the worker and Mr Huff did nothinng of the sort – again to add insult to injuy he reccommended I put in at another division of the company stating I was sure to get a job and I got denied.. This man was given all sorts of awards in the Hudson Valley area for his “great contributions” – to me he is nothing but someone who tells fibs and collects union dues for nothing.. Again because of the atics mentioned above and the lies/lack of help from this union local, I am jobless and in severe emotional distress and heading for future financial troubles.