Bill Text: DE SCR46 | 2011-2012 | 146th General Assembly | Draft

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Bill Title: Creating And Establishing A Task Force To Examine The Issue Of Workplace Bullying.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-06-20 - Assigned to Executive Committee in Senate [SCR46 Detail]

Download: Delaware-2011-SCR46-Draft.html

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SPONSOR:	Sen. Henry

DELAWARE STATE SENATE

146th GENERAL ASSEMBLY

SENATE CONCURRENT RESOLUTION NO. 46

CREATING AND ESTABLISHING A TASK FORCE TO EXAMINE THE ISSUE OF WORKPLACE BULLYING.

WHEREAS, the social and economic well-being of the State is reliant upon healthy and productive employees;

WHEREAS, some studies have concluded that over one-third of American workers have been the targets of malicious or abusive treatment by supervisors or coworkers which is wholly unrelated to legitimate workplace goals or acceptable business practices;

WHEREAS, some studies have concluded that 45 percent of bullied employees suffer stress-related health problems, including debilitating anxiety, panic attacks, clinical depression, and post-traumatic stress;

WHEREAS, Workplace bullying is recognized by the National Institute for Occupational Safety and Health as a form of workplace violence;

WHEREAS, abusive behavior occurs even in the absence of any motive to discriminate on the basis of race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, or age or against an individual with a qualified disability;

WHEREAS, discriminatory abuse is often referred to as "workplace bullying;"

WHEREAS,Sweden enacted the first workplace bullying law in 1993, and since then several countries have taken a variety of approaches to the problem, including the creation of private legal remedies and the prohibition of workplace bullying through occupational safety and health laws.

NOW, THEREFORE:

BE IT RESOLVED by the Senate of the 146TH General Assembly of the State of Delaware, the House of Representatives concurring therein, that a "Workplace Bullying Task Force" is established to study and make findings and recommendations regarding workplace bullying.

BE IT FURTHER RESOLVED that the Task Force be composed of the following members:

(a) The Attorney General or his designee

(b) The Secretary of the Department of Labor or his designee

(c) The State Coordinator of the Delaware Healthy Workplace Advocates,

(d) Two representatives from the business community, one to be appointed by the President Pro Tempore of the Senate, and one to be appointed by the Speaker of the House,

(e) Two representatives from labor organizations, one to be appointed by the President Pro Tempore of the Senate, and one to be appointed by the Speaker of the House,

(f) The Executive Director of the American Civil Liberties Union of Delaware or designee,

(g) The Executive Director of the Delaware Bar Association or a designee, and

(h) The Executive Director of the Delaware Chamber of Commerce or a designee.

BE IT FURTHER RESOLVED that the Workplace Bullying Taskforce is established to study the issue of workplace bullying in Delaware and to make recommendations to address the manner in which workplace bullying should be addressed by the state, by employers, and by affected employees. The committee shall examine:

(1) A definition of "workplace bullying" or "abusive conduct" in the workplace not addressed by existing law.

(2) Whether there is a need for additional laws regarding workplace bullying.

(3) Different models for remedying workplace bullying, including:

(A) Creating a private right of action that would include the recovery of damages.

(B) Creating a mechanism for injunctive relief similar to those relating to stalking, hate crimes, or relief-from-abuse orders.

(C) State enforcement similar to the employment discrimination law.

(D) State enforcement by the Delaware occupational safety and health administration.

(E) Any other issues relevant to workplace bullying.

(b) The Task Force shall also recommend any measures, including proposed legislation, to address bullying in the workplace.

BE IT FURTHER RESOLVED

The Task Force shall convene its first meeting no later than 60 days after enactment. The Secretary of Labor, or designee, shall serve as the chair of the Task Force, and shall convene the first and subsequent meeting.

The Task Force shall report its findings by April 30, 2013 to the President Pro Tempore of the State, the Speaker of the house, Senate, the Controller General, the Delaware Secretary of Labor, and the Director of the Office of Management and Budget.

Staff support for the Task Force shall be requested from the Department of Labor.The Controller General shall attempt to provide the Task Force with assistance regarding the fiscal impact of any recommendations.

SYNOPSIS

This resolution establishs the Workplace Bullying Task Force to examine the issues of workplace bullying.

Author: Sen. Henry