HOUSE CONCURRENT RESOLUTION NO. 92

(By Delegates Longstreth, Barker, Fleischauer, Butcher,

                     Fragale and Martin)

Requesting the Joint Committee on Government and Finance study abusive mistreatment of employees at work.

    Whereas, The social and economic well-being of the state is dependent upon healthy and productive employees. Between thirty-seven percent and fifty-nine percent of employees directly experience health-endangering workplace bullying, abuse and harassment, and this mistreatment is approximately four times more prevalent than sexual harassment alone. Workplace bullying, mobbing and harassment can inflict serious harm upon targeted employees, including feelings of shame and humiliation, severe anxiety, depression, suicidal tendencies, cardiovascular disease and symptoms consistent with posttraumatic stress disorder. Abusive work environments can have serious consequences for employers, including reduced employee productivity and morale, higher turnover and absenteeism rates and increases in medical and workers' compensation claims; and

    Whereas, If mistreated employees who have been subjected to abusive treatment at work cannot establish that the behavior was motivated by race, color, sex, sexual orientation, national origin or age, they are unlikely to be protected by the law against such mistreatment. Legal protection from abusive work environments should not be limited to behavior grounded in protected class status as that provided under employment discrimination statuses; and

    Whereas, Existing workers' compensation plans and common-law tort actions are inadequate to discourage this behavior or to provide adequate relief to employees who have been harmed by abusive work environments thus leaving the Legislature to enact a procedure to provide legal relief for employees who have been harmed, psychologically, physically or economically, by being deliberately subjected to abusive work environments and legal incentive for employers to prevent and respond to abusive mistreatment of employees at work; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study abusive mistreatment of employees at work and procedures for legal relief for employees who have been harmed, psychologically, physically or economically, by being deliberately subjected to abusive work environments and legal incentive for employers to prevent and respond to abusive mistreatment of employees at work; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2012, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.