April 2009
JUST WHEN YOU THOUGHT YOU HAVE SEEN IT ALL...
ILLINOIS INTRODUCES BILL TO CREATE A NEW CAUSE OF ACTION FOR
EMPLOYEES SUBJECTED TO AN "ABUSIVE WORK ENVIRONMENT".
The Illinois House recently introduced legislation to make it an unlawful employment practice to subject an employee to an abusive work environment or retaliate against an employee for seeking protection under the Act. The Bill defines "abusive work environment" as a "workplace where an employee is subjected to abusive conduct that is so severe that it causes physical or psychological harm to the employee." The Bill vaguely explains that "abusive conduct" is "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." The Bill identifies the following as a non-exhaustive list of what might constitute abusive conduct:
· Repeated infliction of verbal abuse such as derogatory remarks, insults, and epithets;
· Verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating; or
· The gratuitous sabotage or undermining of a person's work performance.
An employer may defend against such claims by showing it exercised reasonable care to prevent and promptly correct abusive conduct and the aggrieved employee unreasonably failed to take advantage of appropriate preventive or corrective opportunities. A second defense is available if the employer can show that the complaint is grounded upon an adverse employment action made consistent with an employer's legitimate business interests.
The proposed remedies are substantial and include reinstatement; removal of the offending party from complainant's work environment; reimbursement for lost wages and medical expenses; and compensation for emotional distress, punitive damages, and attorney's fees. The Bill caps emotional damages at $25,000 and eliminates punitive damages for "abusive work environments" that do not result in an adverse employment action.
Questions? For questions or comments concerning this topic, please contact an experienced Wessels Sherman attorney. Contact us.
