An Act providing for legal protections from abusive work environments and for remedies.

PRINTER'S NO. 1543
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1250
Session of
2026
INTRODUCED BY KANE, HUGHES, VOGEL, TARTAGLIONE, COMITTA,
HAYWOOD, STREET, COSTA, PISCIOTTANO AND CAPPELLETTI,
MARCH 30, 2026
REFERRED TO LABOR AND INDUSTRY, MARCH 30, 2026
AN ACT
Providing for legal protections from abusive work environments
and for remedies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Safe
Workplace Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abusive conduct." As follows:
(1) Unwelcome, degrading and dehumanizing conduct that
is severe or pervasive enough to create a work environment
that a reasonable person would consider toxic, hostile or
abusive. The following apply:
(i) Conduct may include false accusations, sabotage
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of work performance, consistent ignoring or ostracism,
removal of major responsibilities, consistent
unreasonable workloads, excessive monitoring, consistent
micromanagement, persistent hypercriticism, impossible
deadlines, pressure to engage in unethical behavior or
give up rights or benefits, retaliation for speaking up
or repeated verbal abuse.
(ii) Isolated, minor incidents and expressions of
disagreement and constructive feedback are not bullying
unless they meet the threshold of abuse.
(iii) Workplace bullying may be perpetrated by one
or more persons.
(iv) Workplace bullying is found by a review of the
totality of the circumstances, including, but not limited
to, the nature, frequency and duration of the conduct.
(2) It shall be considered an aggravating factor if the
conduct exploited an employee's known psychological or
physical illness or disability.
(3) A single act normally shall not constitute abusive
conduct unless the act is egregious.
"Abusive work environment." An employment condition
permeated with acts or omissions of acts by an employer,
supervisor or one or more of an employer's employees
sufficiently plausible to cause pain or distress to an employee.
"Adverse employment action." A materially and objectively
adverse reduction in terms, conditions or privileges of
employment, including:
(1) a termination, demotion, unfavorable reassignment or
failure to promote;
(2) disciplinary action; or
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(3) reduction in compensation.
"Employ." To engage, suffer or permit to work.
"Employee." As follows:
(1) An individual employed by an employer.
(2) A worker is considered an employee and not an
independent contractor unless the worker satisfies all three
of the following conditions:
(i) The worker is free from the control and
direction of the employer in connection with the
performance of work, both under the contract for the
performance of the work and in fact.
(ii) The worker performs work that is outside the
usual course of the employer's business.
(iii) The worker is customarily engaged in an
independently established trade, occupation or business
of the same nature as that involved in the work
performed.
"Employer." The Commonwealth, a political subdivision of the
Commonwealth, an instrumentality of the Commonwealth or a
political subdivision of the Commonwealth or a person,
association, organization, partnership, business trust, limited
liability company or corporation that, directly or indirectly,
through an agent or any other person, employs or exercises
control over the wages, hours or working conditions of an
employee.
Section 3. Abusive work environment.
(a) Prohibition.--An employee may not be subjected to an
abusive work environment by an employer or other employee.
(b) Retaliation prohibited.--An employer or employee may not
retaliate in any manner against an employee who has opposed an
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unlawful employment practice under this act or who has made a
charge, testified, assisted or participated in any manner in an
investigation or proceeding under this act, including by:
(1) internal complaints and proceedings;
(2) arbitration and mediation proceedings; or
(3) legal actions.
Section 4. Employer liability.
An employer shall be liable for a violation of section 3
committed by an employer's employee. If the alleged violation of
section 3 does not include an adverse employment action, it
shall be an affirmative defense for an employer only that the
employer exercised reasonable care to promptly prevent and
correct any actionable behavior.
Section 5. Employee liability.
An employee may be individually liable for a violation of
section 3. It shall be an affirmative defense for an employee
only that the employee committed a violation of section 3 at the
direction of the employer, under actual or implied threat of an
adverse employment action.
Section 6. Affirmative defenses.
(a) Preventive and responsive measures.--Employers and
representative employees shall take all reasonable preventive
and responsive measures to provide safe work environments free
from bullying by:
(1) Acknowledging and responding to complaints of
bullying within a reasonable time frame appropriate to the
level of urgency.
(2) Providing and executing a transparent, timely
complaint process that includes a legitimate, fair and fact-
finding investigation and the issuance of timely and accurate
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reports of findings.
(3) Providing and executing a transparent disciplinary
process according to the severity of the offense within a
reasonable time frame, if applicable, including, but not
limited to, coaching, counseling, issuing a warning or other
disciplinary action, including removal of supervisory duties
or termination.
(4) Maintaining accurate records of complaints, findings
and discipline.
(5) Within 90 days of the effective date of this
paragraph, writing, distributing, posting or otherwise
providing a written preventive policy against all forms of
bullying, to include an anti-retaliation policy and an
identification and description of all reporting methods,
consistent with this section and all other laws. The policies
shall be distributed to employees on a regular basis.
(6) Training all employees on preventive and reporting
policies.
(b) Complaint.--Any of the following is an affirmative
defense to an action under section 3:
(1) The complaint is based on a reasonable performance
evaluation.
(2) The complaint is based on an employer's reasonable
investigation about potentially illegal or unethical
activity.
(3) The complaint is based on an action taken by the
employer that it was required by law to take.
Section 7. Enforcement.
A person aggrieved by a violation of this act may initiate a
civil action or other proceeding in a court of competent
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jurisdiction not later than three years from the date of the
last alleged violation of section 3.
Section 8. Remedies.
(a) Relief.--If a defendant has been found liable for a
violation of section 3, the court may enjoin the defendant from
engaging in the unlawful employment practice and may order any
other relief that is deemed appropriate, including any of the
following:
(1) Rehiring of the plaintiff, reinstatement to a
position and rescission of an adverse employment action.
(2) Removal of the offending party from the plaintiff's
work environment.
(3) Payment of back pay, front pay and medical expenses.
(4) Damages for pain and suffering.
(5) Damages for emotional distress.
(6) Punitive damages.
(7) Reasonable attorney fees and costs.
(b) Limitation.--If an employer is liable for a violation of
section 3 that did not include an unlawful adverse employment
action, emotional distress damages and punitive damages may be
awarded only when the actionable conduct was extreme and
outrageous. The limitation does not apply to individually named
employee defendants.
Section 9. Collective bargaining or arbitration agreements.
This act shall not prevent, interfere, exempt or supersede
provisions of an employee's collective bargaining or arbitration
agreement that provide greater rights and protections than
prescribed in this act. This act shall not prevent new
provisions of the collective bargaining or arbitration agreement
that provide greater rights, remedies and protections from being
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implemented and applicable to the employee within the collective
bargaining or arbitration agreement.
Section 10. Effect of other laws.
(a) Effect.--Except as provided in subsection (b),
provisions of this act may not be deemed to exempt a person from
a liability, duty or penalty provided by any other provision of
law. The remedies provided under section 8 shall be in addition
to remedies provided under any other provision of law.
(b) Exception.--Payments of workers' compensation shall be
reimbursed from damages paid under this act if an employee
receives compensation:
(1) for medical costs for the same injury or illness
under this act and the act of June 2, 1915 (P.L.736, No.338),
known as the Workers' Compensation Act; or
(2) in cash payments under this act and the Workers'
Compensation Act for the same period of time not working as a
result of the compensable injury or illness or unlawful
employment practice.
Section 11. Effective date.
This act shall take effect in 60 days.
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