Tennessee First State to Pass Antibullying Law

Author: Beth P. Zoller, XpertHR Legal Editor

July 21, 2014

Tennessee recently became the first state to enact antibullying legislation that specifically addresses harassing and abusive workplace conduct. Despite the fact that bullying has become increasingly prevalent in the workplace and a number of states have introduced similar legislation, no other state has yet enacted a law addressing this. Although limited in application, Tennessee's Healthy Workplace Act is the first law of its kind to specifically address abusive workplace conduct.

The new law applies only to public employees (i.e., those employed by state and local governments and their agencies) and does not apply to private employers. The Act defines abusive conduct in the workplace as any act or omission that would cause a reasonable person to believe that he or she was subject to an abusive work environment based on the severity, nature and frequency of the conduct. Abusive conduct may include:

  • Repeated verbal abuse in the workplace, including derogatory remarks and insults;
  • Verbal, nonverbal or physical conduct of a threatening, intimidating or humiliating nature in the workplace; or
  • The sabotage or undermining of another employee's work performance.

Under the Act, the Tennessee Advisory Committee on Intergovernmental Relations (TACIR) is directed to create a model policy to prevent abusive conduct by no later than March 1, 2015. The model policy should assist employers in recognizing and responding to abusive workplace conduct and prevent retaliation against any employee who reports abusive workplace conduct. A covered employer that adopts the model policy or a policy that conforms to its requirements will have immunity from any employee lawsuit for abusive conduct resulting in negligent or intentional infliction of mental anguish. Thus, it provides an incentive for public employers to comply and adopt antibullying policies by shielding them from liability.

The law does not limit the personal liability of any employee for abusive workplace conduct.

With the passage of this law, it remains to be seen whether other states will follow and enact similar laws. Notwithstanding, it is critical for employers to be proactive and enact antibullying policies that prevent abusive and harassing workplace conduct.