HI SB2539

Establishes "abusive conduct" as an occupational safety and health violation in Hawaii, defined as repeated hostile, offensive behavior by employers or employees unrelated to legitimate business interests.

Allows employees subjected to abusive work environments to file a cause of action for emotional distress against the offending employee (with employer vicariously liable up to $25,000) or the employer directly.

Provides affirmative defenses if the employer exercised reasonable care to prevent and correct abusive conduct, or if the complaint is grounded primarily in a negative employment decision made for legitimate business reasons.

Sets a three-year statute of limitations for actions and requires courts to award damages, injunctive relief, back pay, front pay, medical expenses, and attorney's fees.

Requires the department to develop educational materials on abusive work environments and mandates employers to post information and educate supervisors and employees on legal consequences.