Bill Text: IL HB0374 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2010-03-26 - Rule 19(a) / Re-referred to Rules Committee [HB0374 Detail]

Download: Illinois-2009-HB0374-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0374 Introduced 1/30/2009, by Rep. Arthur L. Turner SYNOPSIS AS INTRODUCED:
New Act
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 an 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.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Abusive Work Environment Act.
Section 5. Legislative findings and intent.
(a) The General Assembly hereby finds and declares that:
(1) the social and economic well-being of the State is
reliant upon healthy and productive employees;
(2) surveys and studies have documented that between 16
and 25% of employees directly experience
health-endangering workplace bullying, abuse, and
harassment, which is 4 times more prevalent than sexual
harassment alone;
(3) further studies and surveys have documented that
abusive work environments can have severe effects on
targeted employees, including feelings of shame and
humiliation, stress, loss of sleep, severe anxiety,
depression, post-traumatic stress disorder, reduced
immunity to infection, stress-related gastrointestinal
disorders, hypertension, and pathophysiological changes
that increase the risk of cardiovascular diseases;
(4) surveys and studies have documented that abusive

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work environments can have serious consequences for
employers, including reduced employee productivity and
morale, higher turnover and compensation claims;
(5) unless mistreated employees have been subjected to
abusive treatment in the workplace for unlawful
discriminatory reasons, they are unlikely to have legal
recourse to redress such treatment;
(6) legal protection from abusive work environments
should not be limited to behavior grounded in protected
class status as required by employment discrimination
statutes; and
(7) existing worker's compensation plans and common
law tort actions are inadequate to discourage this behavior
or provide adequate redress to employees who have been
harmed by abusive work environments.
(8) to this end, the General Assembly intends:
(a) to provide legal redress for employees who have
been harmed, psychologically, physically, or
economically, by being deliberately subjected to
abusive work environments; and
(b) to provide legal incentives for employers to
prevent and respond to mistreatment of employees at
work.
Section 10. Definitions. In this Act:
"Abusive conduct" means conduct of an employer or employee

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in the workplace, with malice, that a reasonable person would
find hostile, offensive, and unrelated to an employer's
legitimate business interests. In considering whether abusive
conduct is present, a trier of fact should weigh the severity,
nature, and frequency of the conduct. Abusive conduct may
include, but is not limited to, repeated infliction of verbal
abuse such as the use of 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. A single act normally will not constitute abusive
conduct, unless especially severe and egregious.
"Abusive work environment" means a workplace where an
employee is subjected to abusive conduct that is so severe that
it causes physical or psychological harm to the employee.
"Conduct" means all forms of behavior, including acts and
omissions of acts.
"Constructive discharge" means abusive conduct (a) which
causes the employee to resign, (b) where, prior to resigning,
the employee brings to the employer's attention the existence
of the abusive conduct, and (c) the employer fails to take
reasonable steps to eliminate the abusive conduct.
"Malice" means the desire to see another person suffer
psychological, physical, or economic harm, without legitimate
cause or justification. Malice may be inferred from the
presence of factors such as outward expressions of hostility,

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harmful conduct inconsistent with an employer's legitimate
business interests, a continuation of harmful, illegitimate
conduct after the complainant requests that it cease or
demonstrates outward signs of emotional or physical distress in
the face of the conduct, or attempts to exploit the
complainant's known psychological or physical vulnerability.
"Negative employment decision" means a termination,
constructive discharge, demotion, unfavorable reassignment,
refusal to promote, or disciplinary action.
"Physical harm" means the material impairment of a person's
physical health or bodily integrity, as documented by a
competent physician or supported by competent expert evidence
at trial.
"Psychological harm" means the material impairment of a
person's mental health as documented by a competent
psychologist, psychiatrist, or psychotherapist, or supported
by competent expert evidence at trial.
Section 15. Abusive work environment. It is an unlawful
employment practice to subject an employee to an abusive work
environment.
Section 20. Retaliation. It is unlawful to retaliate in any
manner against an employee because he or she has opposed any
unlawful employment practice under this Act, or because he or
she has made a charge, testified, assisted, or participated in

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any manner in an investigation or proceeding under this Act
including, but not limited to, internal proceedings,
arbitration and mediation proceedings, and legal actions.
Section 25. Employer liability. An employer is vicariously
liable for the existence of an abusive work environment within
any workplace under its control.
Section 30. Defenses. Each of the following subsections is
an affirmative defense to a cause of action for an abusive work
environment:
(a) The employer exercised reasonable care to prevent and
promptly correct the abusive conduct which is the basis of such
cause of action and the aggrieved employee unreasonably failed
to take advantage of appropriate preventive or corrective
opportunities provided by the employer. This affirmative
defense shall not be available to an employer when the abusive
conduct culminates in a negative employment decision with
regard to the aggrieved employee.
(b) The complaint is grounded primarily upon a negative
employment decision made consistent with an employer's
legitimate business interests such as a termination or demotion
based on an employee's poor performance, or as the complaint is
grounded primarily upon an employer's reasonable investigation
of potentially illegal or unethical activity.

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Section 35. Remedies.
(a) Where a defendant has been found to have engaged in
abusive conduct, or caused or maintained an unlawful abusive
work environment, a court may enjoin the defendant from
engaging in such illegal activity and may order any other
relief that is appropriate including, but not limited to,
reinstatement, removal of the offending party from the
complainant's work environment, reimbursement for lost wages,
medical expenses, compensation for emotional distress,
punitive damages, and attorney's fees.
(b) Where an employer has been found to have committed an
unlawful 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 the
employer may not be liable for punitive damages. The provisions
of this subsection do not apply to individually named
co-employee defendants.
Section 40. Enforcement.
(a) The provisions of this Act are enforceable by a civil
cause of action commenced by an injured employee.
(b) An action commenced under this Act may be commenced no
later than one year after the last act that comprises the
alleged unlawful employment practice.
Section 45. Effect of other laws.

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(a) No provision of this Act shall be deemed to exempt any
person or entity from any liability, duty, or penalty provided
by any other State law, rule, or regulation.
(b) The remedies of this Act are in addition to remedies
available pursuant to the workers' compensation laws. However,
a person who believes that he or she has been subjected to an
unlawful employment practice under this Act may elect to accept
workers' compensation benefits in connection with the
underlying behavior in lieu of bringing an action under this
Act. A person who elects to accept workers' compensation may
not commence a cause of action under this Act for the same
underlying behavior.