Vote Smart's Synopsis:

Vote to pass a bill that establishes the Dignity at Work Act to provide workplace protections from employee harassment.

Highlights:

• Defines "workplace bullying" as an abuse or misuse of power through means that undermine, humiliate, denigrate, or sabotage a person in the workplace, and which has the purpose or effect of threatening, intimidating, dominating, or otherwise infringing upon a person's right to dignity. The source of power shall not be considered as limited to formal organizational power or authority (Sec. 1-28-52.1-4-4).

• Specifies workplace bullying may take the following forms (Sec. 1-28-52.1-4.ii)

• Persistent or egregious use of abusive, insulting, or offensive language;

• Unwarranted physical contact or threatening gestures;

• Interfering with a person's personal property or work equipment;

• The use of humiliation, personal criticism, ridicule, and demeaning comments

• Overbearing or intimidating levels of supervision;

• Withholding information, supervision, training or resources to prevent someone from doing their job;

• Changing work arrangements, such as rosters, offices, assignments, leave, and schedules to deliberately inconvenience someone;

• Isolating, or marginalizing a person from normal work activities;

• Inconsistently following or enforcing rules, to the detriment of an employee;

• Unjustifiably excluding colleagues from meetings or communications;

• Intruding on a person's privacy by pestering, spying or stalking; and

• Spreading misinformation or malicious rumors.

• Specifies for harassment to be legally actionable, a victim must demonstrate one or more of the following (Sec. 1-28-52.1-5):

• The harassment disturbed their emotional tranquility in the workplace;

• The harassment affected their ability to perform their job as usual, or up to standard; or

• The harassment interfered with and undermined their personal sense of well-being.

• Establishes it is unlawful for any person to engage in workplace bullying, moral, psychological or general harassment of a co-worker or other employee in the working environment (Sec. 1-28-52.1-6.a).

• Requires the employer to make available the means and measures for remedying the situation if bullying or harassment occurs at work. Any employer who does not take all reasonable steps necessary to prevent, detect and eliminate such behavior in their workplace shall be in violation of this law and shall be liable for damages to make the targets of such bullying whole, including but not limited to economic damages, damages for pain and suffering and equitable relief (Sec. 1-28-52.1-7-1).

• Requires the employer to prove three elements to succeed in reducing the employee's damages (Sec. 1-28-52.1-9.e):

• The employer took reasonable steps to prevent and correct workplace harassment;

• The employee unreasonably failed to use the preventive and corrective measures that the employer provided or otherwise avoid or mitigate harm; and

• Reasonable use of the employer's procedures would have prevented at least some of the harm that the employee suffered.

• Establishes targets of workplace bullying are entitled to all remedies necessary to make the targets whole. These remedies include the following (Sec. 1-28-52.1-12.a):

• Economic damages for lost wages, both back pay and front pay, and any expenses related to treatment related to the bullying;

• Compensable damages to compensate for the pain and suffering, emotional and psychological damages resulting from such workplace bullying;

• Punitive damages as deemed necessary to deter future acts of workplace bullying;

• Injunctive relief, whereby the court may enjoin the defendant from engaging in the unlawful employment practice; and

• And any other relief that is deemed appropriate, including, but not limited to: medical expenses, psychological treatment, restorative measures, organizational training and attorney's fees.

• Establishes a Fair Work Commission, consisting 7 members to be appointed by the governor, to address workplace bullying and to enforce this act. In the enforcement of this chapter, the Commission shall have the following powers and duties (Sec. 1-28-52.1-13.a):

• To issue enforcement guidance and formulate policies to effectuate the purposes of this Chapter and make recommendations to agencies and officers of the state or its political subdivisions in aid of such policies and purposes;

• To receive, initiate, investigate, seek to conciliate, hold hearings, and issue orders on complaints alleging violations of this chapter;

• To require answers to interrogatories, compel the attendance of witnesses, examine witnesses under oath or affirmation in person by deposition, and require the production of documents relevant to the complaint, in accordance with this chapter; and

• To make available to the public information on this Act, grievance procedures, and public records of the Commission and any other information that would further the purposes and intentions of this chapter.

Full Bill Text