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May 25, 2010


Hon. Susan John
Chair, Committee on Labor
New York State Assembly
522 Legislative Office Bldg.
Albany, NY 12248

Dear Assemblymember John:

On behalf of the 2,500 employer members of the Buffalo Niagara Partnership, I urge your opposition to A.5414-B/S.1823-B, which would establish a civil cause of action for employees who have been subjected to “abuse” in the workplace. The legislation is a departure from existing discrimination laws, which prohibit employers from subjecting employees to a hostile work environment due to an employee’s membership in a protected category such as race, sex, age, disability or religion. A.5414-B, if enacted, would entitle employees to legal redress if they feel they have been subjected to an “abusive work environment” – a clearly elastic concept.

The Partnership agrees that the mistreatment of employees at work is a serious issue but this legislation, as it stands, would result in a spike of litigation due to the ambiguity surrounding what constitutes “abusive behavior” in the workplace. Moreover, this bill would essentially kill the concept of “at-will” employment, a crucial outlet for employers to hire and fire without the prospect of a lawsuit, other than for causes of discrimination. For the first time, employers would be tasked with costly and time-intensive regulation of employee conduct and subjected to significantly increased liability for any “abusive” workplace conduct of their employees. 

“Healthy Workplace Bills” or HWBs, similar to A.5414-B/S.1823-B have been introduced in 17 other states, but none have been signed into law, namely because a HWB can serve as further disincentive for businesses to stay in or relocate to a state with a broad mandate that expands an employees’ right to file suit after termination. Even though damage awards are capped, the investigation of “plausible” claims of abuse could alone be prohibitively expensive for small businesses.

A moratorium on anti-business regulations like A.5414-B/S.1823-B is a critical first step towards improving the state’s business climate and thus, reviving New York’s stagnant economy. As Chair of the Labor Committee, I urge you to be a vocal opponent of this bill given that it would impair New York’s ability to attract and retain businesses.

Sincerely,

Andrew J. Rudnick

cc.     WNY State Assembly delegation