Washington legislature considers law barring workplace bullying

In January 2008, the Washington State legislature will hold hearings on legislation providing legal redress for workplace bullying, abuse, and harassment.  According to supporters of House Bill 2142, between 16% and 21% of employees directly experience health-endangering workplace bullying, abuse, and harassment, and this behavior is four times more prevalent than sexual harassment.  Sponsors of the legislation believe that existing workers' compensation plans and common law tort actions are inadequate to discourage this behavior or to provide adequate redress to employees. 

House Bill 2142 would make it an unlawful employment practice to subject an employee to an abusive work environment or to retaliate in any manner against an employee because he or she has opposed any unlawful employment practice under the law.

The bill defines "abusive conduct" as conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer's legitimate business interests.  Abusive conduct may include repeated infliction of verbal abuse such as the use of derogatory remarks, insults, and epithets; verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating; or gratuitous sabotage or undermining of a person's work performance.

The bill provides an affirmative defense for employers that exercise reasonable care to prevent and promptly correct the abusive conduct.  This provision is meant to encourage employers to stop the bullying of employees by demonstrating what actions they took when they were informed of the bullying.

Comments

[Don Sanger]

What is the status of this bill?
Are ther any existing Washington State laws prohibiting verbal abuse in the woork place either from employer or employees?