AB 1006

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 from and

incidental to employment.

This bill provides an exception to that exclusive remedy provision. Under the

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 (“unlawful employment

practice") may bring an action in circuit court against the employer or employee who

allegedly engaged in the unlawful employment practice for relief the court considers

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 other relief the court considers appropriate,

including reinstatement of the aggrieved employee, removal of the person who

engaged in the abusive conduct from the aggrieved employee's work area, 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.