An Act To Protect Employees from Abusive Work Environments
Maine Legislature, Session 126, LD 1201
Committee: Labor, Commerce, Research and Economic Development
Sponsors: GIDEON, JACKSON, CASSIDY, ESPLING, LONGSTAFF, LUCHINI, SCHNECK, TIPPING-SPITZ, GERZOFSKY

Legislative Document 
No. 1201 
H.P. 845 
House of Representatives, March 26, 2013 
An Act To Protect Employees from Abusive Work Environments 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative GIDEON of Freeport. 
Cosponsored by Senator JACKSON of Aroostook and 
Representatives: CASSIDY of Lubec, ESPLING of New Gloucester, LONGSTAFF of 
Waterville, LUCHINI of Ellsworth, SCHNECK of Bangor, TIPPING-SPITZ of Orono, 
Senator: GERZOFSKY of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA c. 7, sub-c. 11 is enacted to read: 
SUBCHAPTER 11 
PROTECTION FROM ABUSIVE WORK ENVIRONMENTS 
§876.  Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings. 
1.  Abusive conduct.  "Abusive conduct" means acts or omissions or both that a 
reasonable person would find abusive, based on their severity, nature or frequency.  
"Abusive conduct" includes, but is not limited to: repeated verbal abuse involving the use 
of derogatory remarks, insults and epithets; verbal, nonverbal or physical conduct of a 
threatening, intimidating or humiliating nature; and the sabotaging or undermining of an 
employee's work performance.  A single act or omission does not constitute abusive 
conduct, unless so severe and egregious that a reasonable person would find it abusive. 
2.  Abusive work environment.  "Abusive work environment" means a work 
environment in which an employer or one or more of its employees, acting with intent to 
cause pain or distress to an employee, subjects that employee to abusive conduct that 
causes physical harm, psychological harm or both. 
3.  Adverse employment action.  "Adverse employment action" means a 
termination, constructive discharge, demotion, unfavorable reassignment, failure to 
promote, disciplinary action, reduction in compensation or other action adverse to an 
employee's employment status. 
4.  Constructive discharge.  "Constructive discharge" means a termination of 
employment by resignation under the following circumstances: 
A.  The employee reasonably believed that the employee was subjected to an abusive 
work environment; 
B.  The employee resigned because of that abusive work environment; and 
C.  The employer was aware of the abusive conduct prior to the resignation and failed 
to stop it. 
5.  Physical harm.  "Physical harm" means the impairment of a person's physical 
health or bodily integrity, as established by competent evidence. 
6.  Psychological harm.  "Psychological harm" means the impairment of a person's 
mental health, as established by competent evidence. 
§877.  Unlawful employment practices 
1.  Abusive work environment.  A person may not subject an employee to an 
abusive work environment. 
2.  Retaliation.  A person may not retaliate in any manner against an employee who 
has taken reasonable action to stop or contest a violation of subsection 1 or who has made 
a charge, testified, assisted or participated in any manner in an investigation or 
proceeding under this subchapter, including, but not limited to, internal complaints and 
proceedings, arbitration and mediation proceedings and legal actions. 
§878.  Employer liability and defense 
1.  Employer liability.  An employer may be individually liable for direct actions in 
violation of section 877 and is vicariously liable for a violation of section 877 by an 
employee of that employer. 
2.  Employer defense.  If an alleged violation of section 877 does not result in an 
adverse employment action, it is an affirmative defense to liability under subsection 1 if 
the employer: 
A.  Exercised reasonable care to prevent and promptly correct any abusive conduct or 
abusive work environment; and 
B.  The complainant employee unreasonably failed to take advantage of appropriate 
preventive or corrective opportunities provided by the employer. 
§879.  Employee liability and defense 
1.  Employee liability.  An employee may be individually liable for a violation of 
section 877. 
2.  Employee defense.  It is an affirmative defense for an employee if the employee 
violated section 877 at the direction of the employer under actual or implied threat of an 
adverse employment action. 
§880.  Affirmative defenses 
1.  Affirmative defenses.  It is an affirmative defense to any action brought under 
this subchapter that: 
A.  The complaint is based on an adverse employment action reasonably made for 
poor performance, misconduct or economic necessity; 
B.  The complaint is based on a reasonable performance evaluation; or 
C.  The complaint is based on an employer's reasonable investigation about 
potentially illegal or unethical activity. 
§880-A.  Relief 
1.  Relief generally.  If a person is found liable for a violation of this subchapter, the 
court may enjoin the defendant from engaging in any activity related to the violation and 
may order any other relief the court determines is appropriate, including, but not limited 
to, reinstatement of employment, removal of the offending party from the complainant's 
work environment, back pay, front pay, medical expenses, compensation for pain and 
suffering, compensation for emotional distress, punitive damages and attorney's fees. 
2.  Limitations on employer liability.  When an employer is liable for a violation of 
this subchapter that did not include an adverse employment action, emotional distress 
damages and punitive damages may be awarded only if the court finds the actionable 
conduct was extreme.  This limitation does not apply to individually named employee 
defendants. 
3.  Aggravating factor.  In any action brought under this subchapter, the court shall 
consider it to be an aggravating factor that the conduct constituting a violation of this 
subchapter exploited an employee's known psychological or physical illness or disability. 
§880-B.  Procedures 
1.  Private right of action.  This subchapter may be enforced solely by a private 
right of action. 
2.  Time limitations.  An action under this subchapter must be commenced no later 
than one year after the last act that constitutes a violation of this subchapter. 
§880-C.  Effect on other legal relationships 
1.  Collective bargaining.  This subchapter does not supersede rights and obligations 
provided under collective bargaining laws, rules and regulations. 
2.  Nonlimitation of remedy.  The remedies provided in this subchapter are in 
addition to any remedies provided under any other law, and nothing in this subchapter 
relieves any person from any liability, duty, penalty or punishment provided by any other 
law, except as provided by subsection 3. 
3.  Workers' compensation.  If an employee receives workers' compensation 
benefits for medical costs for the same physical harm or psychological harm pursuant to 
both this subchapter and Title 39-A or compensation under both this subchapter and Title 
39-A in cash payments for the same period of time of the employee's not working as a 
result of the compensable physical harm or psychological harm resulting from a violation 
of this subchapter, the court must order the payments of workers' compensation benefits 
to be reimbursed from compensation paid under this subchapter. 
SUMMARY 
This bill provides legal relief for employees who have been harmed psychologically, 
physically or economically by exposure to abusive work environments.  Employees and 
employers who subject an employee to an abusive work environment are liable, and 
employers are vicariously liable for the abusive workplace conduct of their employees, in 
a private civil action brought by the affected employee.  The legal remedies made 
available by this bill do not limit any other legal rights of an individual, except that 
workers' compensation benefits received under the Maine Revised Statutes, Title 39-A for 
the same injury or illness must be reimbursed from compensation that is earned through 
the legal remedies made available by this bill.