HB 149 - Safe Work Environment Act Summary

• Creates Part III of Chapter 448, Florida Statutes establishing a private cause of action for employees subjected to abusive work environments characterized by conduct severe enough to cause tangible psychological or physical harm.

• Defines "abusive conduct" to include repeated verbal abuse, derogatory remarks, threatening or humiliating behavior, work sabotage, or exploitation of known vulnerabilities; single acts do not constitute abuse except when especially severe and egregious.

• Establishes vicarious employer liability for abusive work environments but provides affirmative defense if employer exercised reasonable care to prevent and correct behavior and employee unreasonably failed to utilize corrective opportunities.

• Caps employer liability for emotional distress at $25,000 and prohibits punitive damages when no adverse employment action occurred; individual employees remain fully liable; actions must be filed within 1 year of the last unlawful act.

• Requires private schools serving K-12 students and public school districts to screen all nonemployee persons entering instructional areas with metal detectors; effective July 1, 2013.