Connecticut bullies, beware! The Legislative Commissioners’ Office has reported a bill aimed at eliminating on-the-job harassment. If passed into law, the new legislation would prohibit abusive workplace conduct, including, but not limited to:

(A) repeated infliction of verbal abuse such as the use of derogatory remarks, insults and epithets;

(B) verbal or physical conduct that a reasonable person would find threatening, intimidating or humiliating; and

(C) sabotaging or undermining a person′s work performance.

Unlike existing State and federal laws, the bill is not limited to harassment based upon protected characteristics such as race, gender, age or disability. The bill creates a private right of action for employees, and prohibits retaliation against employees reporting abuse. Employers would face potential liability for exposing employees to abusive situations or failing to exercise reasonable care to correct and prevent known abuse.

Penalties are steep. Employers may be required to remove the alleged bully from the work area and compensate the victim for back pay, front pay, medical expenses, and emotional distress. The court may even assess punitive damages and attorneys’ fees.

Employers will be able to rely, however, on certain enumerated affirmative defenses. Employers may avoid liability for any alleged violation of this provision if the employer is: (1) acting with reasonable care to correct and prevent bullying; (2) making employment decisions based on legitimate business interests; or (3) conducting investigations into possible illegal or unethical behavior. If the bill becomes law, employers should take heed and take steps to ensure that all employees play nice.