Pennsylvania lawmakers to consider hostile work environment protections

Pennsylvania lawmakers are considering legislation that would provide legal protections and remedies for employees who can prove they have been exposed to an abusive work environment.

H.B. 863, filed Tuesday, defines “abusive conduct” as “an act or omission intended to inflict and resulting in physical injury or psychological injury,” which is not injury compensable under workers compensation, “if the injury necessitates treatment by a qualified, licensed medical, mental health or rehabilitative professional.”

The bill also states that such an injury must be “inflicted by means of acts or omissions that a reasonable individual would find abusive, based on the severity, nature and frequency of the conduct” and includes repeated verbal abuse, such as derogatory remarks, insults and epithets; verbal, nonverbal or physical conduct that threatens, intimidates or humiliates; or the sabotage or undermining of an employee’s work performance.

The bill stipulates that it would be considered “an aggravating factor if the conduct exploited an employee’s known psychological or physical illness or disability.”

While a single act normally shall not constitute abusive conduct under the proposal, “an especially severe and egregious act may meet this standard,” according to the bill.

The bill states that “adverse employment actions” such as disciplinary procedures, or termination or demotions, would not qualify.

If an employer is found liable, legal relief may include rehiring, backpay, medical expenses, damages for pain and suffering and emotional distress, attorneys’ fees, and punitive damages.