January 19, 2024 - Introduced by Senators Carpenter, Hesselbein, Agard and Spreitzer, cosponsored by Representatives Bare, Joers, C. Anderson, J. Anderson, Clancy, Conley, Considine, Emerson, Madison, Myers, Palmeri, Ratcliff, Shelton and Subeck. Referred to Committee on Labor, Regulatory Reform, Veterans and Military Affairs.

SB934,,22An Act to amend 102.03 (2), 102.81 (5), 102.82 (1) and 814.04 (intro.); and to create 102.80 (1) (dm), 102.81 (4g) and 103.08 of the statutes; relating to: prohibiting abusive work environments and creating a cause of action.

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.

SB934,,66102.03 (2) Where such Except as provided in this subsection, when those conditions exist the right to the recovery of compensation under this chapter shall be the exclusive remedy against the employer, any other employee of the same employer, and the worker’s compensation insurance carrier. This section does not limit the right of an employee to bring action against any coemployee for an assault intended to cause bodily harm, or against a coemployee for negligent operation of a motor vehicle not owned or leased by the employer, against the employer or a coemployee for an unlawful employment practice under s. 103.08 (3), or against a coemployee of the same employer to the extent that there would be liability of a governmental unit to pay judgments against employees under a collective bargaining agreement or a local ordinance.