SALEM — The Oregon Senate has stripped the controversial elements from legislation aimed at preventing workplace bullying, clearing resistance to the bill as the House takes it up.

Agriculture and business groups had feared Senate Bill 851 would set off a burst of litigation over ordinary employment actions and personality conflicts among workers.

Courts would act as “super personnel departments” under the bill, making “Oregon the first state where employers would face lawsuits over demotions, unfavorable reassignments, and when an employee does not receive a desired promotion,” said Derek Sangston, policy director for Oregon Business and Industry.

Common human resources decisions would be reviewed in courtrooms even when they’re unrelated to allegations of unlawful prejudice or retaliation, Sangston said. Employers would also face lawsuits for disagreements between workers over which they have no control.

“In each situation, an employee would not need to claim or prove the employer acted in a discriminatory manner or in some cases, that the employer acted at all,” he said. “This is a substantial change from current employment law protections.”

The Oregon Farm Bureau, Oregon Association of Nurseries, Oregon Forest Industries Council and other business organizations shared these concerns, arguing that workers already have several ways to challenge hostile work environments under state and federal laws.

Supporters of SB 851 agreed the proposal was a major departure from existing labor law but claimed the change is necessary because state and federal safeguards aren’t sufficient to prevent bullying.

Prohibitions against harassment and hostile work environments are currently limited to protected classes, based on such factors as race, gender, nationality and religion. Proponents said the bill is

specifically meant to shield other workers from abuse even if they don’t meet those criteria.

“This is to protect everyone. It’s a much broader policy than non-discriminatory policies,” said Gary Namie, director of the Workplace Bullying Institute, an organization that supported SB 851.

An early version of the bill considered in the Senate created a “private right of action” in court against employers who allegedly tolerate workplace bullying or punish complaints of abuse by disciplining, demoting, failing to promote, unfavorably reassigning or terminating workers.

The bill set out affirmative defenses to such allegations, offering employers an incentive to prevent bullying and avoid the courtroom, according to SB 851’s supporters.

For example, employers could demonstrate they’d “exercised reasonable care” to prevent abusive conduct, or offered “appropriate preventive or corrective opportunities” that the plaintiff didn’t use.

Employers could also show an adverse action was warranted by “poor performance, misconduct or economic necessity,” or related to a reasonable performance evaluation or investigation of illegal or unethical activity.

“This bill should not scare good employers,” Namie said. “Do the right thing and you’ll be rewarded. If you don’t, you’ll probably face a new form of liability.”

These affirmative defenses didn’t fully reassure some lawmakers, since workers could sue for a pattern of bullying as well as a single “especially severe and egregious act” — something that’s subjective and potentially impossible to prevent.

“Sometimes that’s in the eye of the beholder,” said Sen. Bill Hansell, R-Athena.

“Who’s adjudicating what an egregious act is?” asked Sen. Daniel Bonham, R-The Dalles.

The Senate Labor and Business Committee ultimately adopted an amendment removing the private right of action from SB 851, instead directing the Bureau of Labor and Industries to develop a “model respectful workplace policy” and informational materials for employers to use.

The revised version of the bill was approved by the Senate 23-6 and will now be considered by the House Business and Labor Committee.

Hansell praised the negotiations for arriving at a compromise that overcame significant opposition to SB 851.

“It’s what we’re supposed to do, is to have that discussion and to work together,” he said. “This bill is a good example of that.”

Not all lawmakers were impressed enough to vote for the bill, however.

Sen. Kim Thatcher, R-Keizer, said she remains opposed to SB 851 because she’s concerned the model workplace policy may begin as voluntary but eventually become mandatory.

“It’s quite watered down but I really just have to state my distrust of the Bureau of Labor and Industries and what they will come up with,” she said. “It just builds up into the thing it was originally. I am going to be a ‘no’ just to discourage that type of activity.”