Tennessee § 50-1-503 - Development of model policy for employers to prevent abusive conduct in the workplace — Requirements of policy.

§ 50-1-503. Development of model policy for employers to prevent abusive conduct in the workplace — Requirements of policy.

No later than March 1, 2015, the Tennessee advisory commission on intergovernmental relations (TACIR) shall create a model policy for employers to prevent abusive conduct in the workplace. The model policy shall be developed in consultation with the department of human resources and interested municipal and county organizations including, but not limited to, the Tennessee municipal league, the Tennessee county services association, the municipal technical advisory service (MTAS), and the county technical assistance service (CTAS). The model policy created pursuant to subsection (a) shall: Assist employers in recognizing and responding to abusive conduct in the workplace; and Prevent retaliation against any employee who has reported abusive conduct in the workplace. Each employer may adopt the policy created pursuant to subsection (a) as a policy to address abusive conduct in the workplace. Acts 2014, ch. 997, § 1. Compiler's Notes. Former part 5, §§ 50-1-501 — 50-1-505 , concerning maternity leave, was transferred to § 4-21-408 in 1988. Effective Dates. Acts 2014, ch. 997, § 2. May 22, 2014. Attorney General Opinions. The Healthy Workplace Act extends to quasi-governmental entities. “Employer” is defined in the Act as any agency, county, metropolitan government, municipality, or other political subdivision of the state. The definition of “agency” in the Act includes all boards, offices, and other agencies of the executive, legislative, or judicial branches of government. OAG 15-01, 2015 Tenn. AG LEXIS 1 (1/6/15). The Healthy Workplace Act of 2014 does not create a new cause of action against state or local employers or against state or local employees for abusive conduct in the workplace. It appears that when a state or local government complies with the policy-adoption requirement of T.C.A. § 50-1-503(b) , that entity would, under certain circumstances, acquire a specific supplement to the immunity already applicable under the Governmental Tort Liability Act (GTLA) and the Tennessee Claims Commission Act. OAG 15-01, 2015 Tenn. AG LEXIS 1 (1/6/15). Each “employer” may adopt a policy conforming to T.C.A. § 50-1-503(b) . When the employer is a local governmental entity, such as a county or a municipality, the question of who has authority within that local governmental entity to adopt such a policy is a matter of local law and will depend in each case on the particular charter of the local government, its ordinances, rules, and regulations. OAG 15-01, 2015 Tenn. AG LEXIS 1 (1/6/15). The Healthy Workplace Act of 2014 does not constitute an unlawful delegation of legislative authority in violation of the Tennessee Constitution. OAG 15-39, 2015 Tenn. AG LEXIS 40 (4/22/15). If proposed legislation, HB 856/SB 815, 111th Tenn. Gen. Assem. (2019) [this bill did become law and was enacted as chapter 214 of the Public Acts of 2019], which would add private employers to the entities covered by the Healthy Workplace Act, becomes law, private employers who adopted the statutorily required anti-bullying policies would receive the same immunity under the Act as do public employers who adopt such policies. A private employer who had not adopted the model anti-bullying policy would not be immune from suit unless the employer had adopted an anti-bullying policy that satisfied the requirements of T.C.A. § 50-1-503(b) . Furthermore, the proposed language that would be added to T.C.A. § 50-1-504 makes it clear that neither the Act nor the proposed legislation creates a cause of action against employers—public or private—who fail to adopt the model policy or a policy that satisfies the requirements of T.C.A. § 50-1-503(b) . OAG 19-04, 2019 Tenn. AG LEXIS 4 (4/3/2019).