AB 116

This bill prohibits abusive work environments and allows an individual who

has been subjected to such an environment to bring a civil action.

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.

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.

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.