AMENDMENT(S) PROPOSED BY THE SENATE

JUDICIARY

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A.

JUDICIARY

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B. An employer shall be liable for workplace harassment pursuant to this section under the following conditions:

1. With regard to workplace harassment based on a hostile work environment created by the actions of a supervisor where there is no tangible employment action, the employer shall be vicariously liable. However, an employer may be relieved of liability if it can show that (i) the employer exercised reasonable care to prevent and correct promptly any harassing behavior and (ii) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to otherwise avoid harm.

2. With regard to workplace harassment by a supervisor that has taken the form of a tangible employment action or quid pro quo harassment, the employer shall be vicariously liable for the actions of the supervisor. Unfulfilled threats by a supervisor to take a tangible employment action shall not constitute quid pro quo harassment; however, such threats shall be deemed to create or contribute to a hostile work environment. In the case of unfulfilled threats, an employer may be relieved of liability if it can show that (i) the employer exercised reasonable care to prevent and correct promptly any harassing behavior and (ii) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to otherwise avoid harm.

3. With regard to workplace harassment created by coworkers, the employer shall not be vicariously or automatically liable, but the employer shall be liable if it knew or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action.

4. With regard to workplace harassment created by nonemployees, the employer shall not be vicariously or automatically liable, but the employer shall be liable if it has the ability to control the nonemployee and knew or should have known of the conduct. An employer shall be relieved of liability if it can show that that it took immediate and appropriate corrective action.

FINANCE AND APPROPRIATIONS

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2. That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2021 by the General Assembly that becomes law.