AB 245

Current law.

Under current law, worker's compensation is generally the

exclusive remedy of an employee against his or her employer, a coemployee, or the

employer's worker's compensation insurer for an injury sustained while performing

services growing out of and incidental to employment.

Civil action for abusive work environment.

This bill provides an exception

to that exclusive remedy provision that permits an employee who alleges that he or

she has been injured by being subjected to an abusive work environment or by being

subjected to retaliation or a threat of retaliation for opposing an abusive work

environment or for initiating or in any manner participating in an investigation,

action, or proceeding to enforce the right not to be subjected to an abusive work

environment (collectively "unlawful employment practice") to bring an action in

circuit court against the employer or employee who allegedly engaged in the

unlawful employment practice for such relief as the court may consider appropriate.

Such an action must be commenced by the employee (aggrieved employee) within one

year after the last act constituting the unlawful employment practice occurred or be

barred.

Relief.

If the circuit court finds that an employer or employee has engaged in

an unlawful employment practice, the court may enjoin the employer or employee

from engaging in that practice and may grant such other relief as the court may

consider appropriate, including reinstatement of the aggrieved employee, removal

of the person who engaged in the abusive conduct giving rise to the unlawful

employment practice from the aggrieved employee's work area, medical expenses,

back pay, front pay, compensation for emotional distress, punitive damages, and

reasonable costs and attorney fees. If the circuit court orders any payment of money

because of an unlawful employment practice engaged in by an employee, the

employer of the employee is liable for that payment. If an employer is found to have

engaged in an unlawful employment practice that did not result in an adverse

employment action against the aggrieved employee, the employer's liability for

compensation for emotional distress may not exceed $10,000 and the employer is not

liable for punitive damages.

Affirmative defenses.

The bill permits an employer or employee against

whom an aggrieved employee brings an action for an unlawful employment practice

to plead affirmative defenses as follows:

1. If the alleged unlawful employment practice did not result in an adverse

employment action against the aggrieved employee, the employer may plead as an

affirmative defense that: a) the employer exercised reasonable care to prevent and