Senate Bill 460 aims to prohibit abusive work environments and establish a legal framework for employees to seek civil remedies for such conditions. The bill amends existing statutes to create exceptions to the exclusive remedy provision of workers' compensation law, allowing employees who experience abusive conduct or retaliation related to such conduct to file a civil action in circuit court. The bill defines "abusive conduct" and "abusive work environment," outlining the types of behavior that constitute unlawful employment practices. It also specifies that employees must initiate legal action within one year of the last incident of abusive conduct.
The bill introduces new legal provisions, including the creation of sections 102.80 (1) (dm), 102.81 (4g), and 103.08, which detail the definitions of abusive conduct, the rights of aggrieved employees, and the potential relief available through the courts. Notably, if a court finds that an employer or employee has engaged in unlawful practices, it may grant various forms of relief, such as reinstatement, compensation for damages, and attorney fees. However, if the abusive conduct did not result in an adverse employment action, the employer may not be liable for emotional distress or punitive damages unless the conduct was deemed extreme and outrageous.
Statutes affected: Bill Text: 102.03(2), 102.03, 102.81(5), 102.81, 102.82(1), 102.82