HB 856 amended the Healthy Workplace Act to allow private employers to shield themselves from abusive conduct claims. Specifically, if an employer adopts the model Abusive Conduct Prevention Policy, then the employer is immune from suit for any employee’s abusive conduct that results in negligent or intentional infliction of mental anguish. Employers should note that this immunity does not change the personal liability of an employee for any abusive conduct in the workplace.

Employers should immediately implement the model policy or equivalent to avoid potential exposure. However, note that this immunity only applies to abusive conduct claims made under Tennessee law; it does not shield employers from claims made pursuant to federal law.