IS LITIGATION YOUR FINAL ANSWER? 695
employer’s legitimate business interests, such as a termination or
demotion based on [the] employee’s poor performance; or...
[the employer’s] reasonable investigation about potentially illegal
or unethical activity.”^114
A Target has several avenues for redress under the model
act.^115 These include reinstatement, injunctive relief, and/or
monetary compensation for back pay, front pay, medical
expenses, emotional distress, and attorney’s fees.^116 Where an
employer is vicariously liable for the actionable conduct of a
Target’s coworker, and there was no negative employment
decision, emotional distress damages are capped at $25,000.^117
The statute of limitations is only one year, and the Target would
not be able to file for workers’ compensation benefits.^118
Since drafting the model act, Yamada has written extensively
on theories that support legal redress for workplace bullying. In
particular, he has advocated for a humanistic approach to the
law that promotes dignity in the workplace.^119 Indeed, the model
act could fill the void in existing law to reduce instances of
workplace bullying and improve the health of American
workers.
B. Current State of Anti-Workplace-Bullying LegislationWhile Yamada’s model act has served as the basis for anti-
workplace-bullying legislation in twenty-four states, such laws
have yet to pass.^120 In 2003, California became the first state to
introduce a version of the Healthy Workplace Bill in its state
legislature, but it subsequently died in committee.^121 Shortly
(^114) Id.
(^115) See id. at 520–21.
(^116) Id.
(^117) See id. at 521.
(^118) Id.
(^119) See Yamada, Human Dignity, supra note 27, at 524.
(^120) As of March 2013, twenty-four states have introduced anti-workplace-
bullying legislation. HEALTHY WORKPLACE BILL, supra note 30.
(^121) See California, HEALTHY WORKPLACE BILL, http://www.healthy
workplacebill.org/states/ca/california.php (last visited Apr. 5, 2013).