Nevada’s Proposed Anti-Bully Law

 Nevada State Sen. Richard Segerblom has proposed amending a Nevada law patterned after Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., as amended, which prohibits employment discrimination based on race, color, religion, sex, and national origin.

 Sen. Segerblom wants to provide individuals who can prove they are the victims of a hostile work environment the right to a remedy under the law whether or not they can show illegal discrimination. In other words, he has proposed making the hostile workplace  remedy status-blind.

 Segerblom’s proposed bill defines “abusive conduct” as:

• Repeated verbal abuse in the form of derogatory  remarks, insults and epithets;
•  Verbal or physical conduct which is threatening, intimidating, and humiliating; and
•  The gratuitous sabotage or undermining of a person’s work product.

Unless the abuse is particularly egregious, abusive conduct must be directed at the employee target on more than one occasion.

It is not difficult for employers to avoid liability under the proposed bill. The bill states that it is an affirmative defense to an action for abusive conduct in a work environment if the employer:

• Exercised reasonable care to prevent the abusive conduct; and
•  Promptly corrected the abusive conduct.

If an employer is found to be liable, the employer could be assessed damages, back pay, costs, and attorney’s fees.

Segerblom’s proposed bill provides significantly more protection  to targets of workpladce bullying  than the  Healthy Workplace Bill proposed by the Workplace Bullying Institute.

Senator Richard Segerblom's proposal to amend Nevada's employment laws to include protections against a hostile work environment, regardless of the presence of traditional discrimination categories, represents a significant shift towards broader workplace rights. By defining "abusive conduct" in specific terms and providing a clear framework for what constitutes a hostile work environment, the bill aims to protect employees from all forms of workplace bullying, not just those linked to race, color, religion, sex, or national origin.

This proactive stance on workplace bullying could serve as a model for other states, acknowledging that harmful workplace behaviors can occur outside the conventional bounds of discrimination. It underscores the need for legislative environments that adapt to the changing dynamics of modern workplaces, where psychological safety is as prioritized as physical safety.

For organizations operating within Nevada, the implications of such a bill are profound. Companies would need to ensure their internal policies not only comply with these new regulations but are robust enough to prevent instances of bullying before they escalate. This is where a tool like Latenode could be particularly valuable. Latenode could automate the monitoring and reporting processes for complaints of abusive conduct. It could also help in implementing and tracking compliance with internal anti-bullying policies and training programs, ensuring that they meet the legal standards set by the new law.

Additionally, Latenode's capabilities could be used to create a more transparent and responsive feedback system for employees to report abusive conduct. Automating these processes would help in quickly addressing potential issues and ensuring that the workplace remains a safe and supportive environment for all employees. This not only aids in compliance with new laws but also promotes a healthier, more productive workplace culture.