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Bill > SB460

WI SB460

WI SB460
Prohibiting abusive work environments and creating a cause of action. (FE)

summary

Introduced
10/02/2025
In Committee
10/02/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

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 (Xunlawful employment practiceY) 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. LRB-4667/1 MIM:cdc 2025 - 2026 Legislature SENATE BILL 460 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. For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

AI Summary

This bill establishes legal protections against abusive work environments in Wisconsin by creating a new cause of action for employees who experience workplace abuse. The bill defines "abusive conduct" as repeated actions that a reasonable person would consider severe, such as verbal abuse, intimidation, humiliation, or undermining an employee's work performance. Under the new law, an employee can sue their employer or a coworker in circuit court if they are subjected to an abusive work environment or experience retaliation for reporting such conduct. The employee must file the lawsuit within one year of the last abusive act. If successful, the court may provide various remedies including reinstatement, removal of the abusive person from the workplace, medical expenses, back pay, compensation for emotional distress, and punitive damages. The bill also specifies that workers' compensation remains the primary remedy for workplace injuries, but this new law provides an additional avenue for addressing psychological and physical harm caused by workplace abuse. Employers have some defenses available, such as showing they took reasonable steps to prevent the abusive conduct or that the adverse employment action was based on legitimate performance or economic reasons. This legislation aims to protect workers from hostile and harmful workplace environments by giving them a legal mechanism to seek justice and hold employers accountable for abusive conduct.

Committee Categories

Business and Industry

Sponsors (29)

Last Action

Representative Johnson added as a cosponsor (on 10/03/2025)
(1 Companion Bills)

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