HB 374

Abstract

Creates the Abusive Work Environment Act. Finds that the well-being of the State relies upon healthy employees free of abusive work environments. Defines "abusive conduct" as conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer's legitimate business interests; and "abusive work environment" as a workplace where an employee is subjected to abusive conduct so severe that it causes physical or psychological harm to the employee. Provides that it is unlawful to subject an employee to an abusive work environment or to retaliate against an employee who acted pursuant to the Act or filed an action or participated in any proceeding under the Act. Provides that an employer is liable for an abusive work environment under its control. Provides that it is an affirmative defense to an abusive work environment action: if the employer exercised reasonable care to prevent and correct abusive conduct and the employee failed to take advantage of those opportunities; or, if the filed action is based upon a negative employment decision that is consistent with the employer's legitimate interests. Provides that a defendant who engaged in abusive conduct or who maintained an unlawful abusive work environment may be enjoined and an order may provide other relief including reinstatement, removal of the offending party from the work environment, lost wages, medical expenses, emotional distress damages, punitive damages, and attorney's fees. Provides that if an employer maintained an abusive work environment that did not result in a negative employment decision, the employer's liability for damages for emotional distress may not exceed $25,000 and no punitive damages may be awarded. Provides that the Act is enforceable by a civil action filed by an injured employee. Provides that an action may be filed no later than one year after the last act that comprises the unlawful actions. Provides that no provision of the Act shall exempt any person from any liability, duty, or penalty provided by State law or rule. Provides that the Act's remedies are in addition to workers' compensation remedies.