LESIGLATIVE MEMO
PARTNERSHIP FOR NEW YORK CITY
New York, New York
May 17, 2010
Opposition to A. 5414B/S. 1823 (Englebright/Morahan) – Abusive Work Environment
The Partnership for New York City represents international business leaders and major employers who are dedicated to working with government, labor and the not-for-profit sectors to strengthen the economy of New York City and State. Partnership members employ 1.3 million people throughout the state and contribute $202 billion a year to the state GDP.
We write in opposition to A. 5414B/S. 1823, a bill that would establish a private cause of action for a very loosely defined "abusive work environment". It would represent a significant change in New York labor law. It is startling, therefore, that the State Senate passed this bill last week without notice to the employer community or any opportunity for public discussion.
Our opposition to this bill is the following:
- First, it is unnecessary, since employees already have protection against harassment and abuse in the workplace.
- Second, it would add to the cost and legal risk of doing business in New York State, by increasing the liability of public, private and nonprofit employers beyond any reasonable standard.
- Third, this legislation would unfairly hold employers responsible for a vague standard of conduct that is perceived to contribute to an abusive workplace by any employee, regardless of the employer’s knowledge of such conduct.
- Finally, it would make New York an outlier among states that are competing for business investment and jobs since, contrary to claims by advocates of the bill, no state in the country has enacted such legislation.
Today, more than ever, New York State needs to demonstrate that it is an attractive place for job creation and business investment. This type of legislation would hurt the state’s business reputation and increase the cost and risk of doing business here.
The Partnership for New York City respectfully urges Members of the Assembly to oppose this legislation. Thank you for your consideration.