AB 231

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. Under this bill, 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") may 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.

The aggrieved employee must commence an action within one year after the last act

constituting the unlawful employment practice occurred.

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

from the aggrieved employee's work area of the person who engaged in the abusive

conduct, medical expenses, back pay, front pay, compensation for pain and suffering,

compensation for emotional distress, punitive damages, and reasonable costs and

attorney fees. If the circuit court orders 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 is not liable for compensation for emotional

distress or punitive damages unless the abusive conduct was extreme and

outrageous.

Affirmative defenses.

The bill allows 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

promptly correct the abusive conduct that was the basis for the aggrieved employee's