The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB233,1 1Section 1. 103.08 of the statutes is created to read:
SB233,3,2 2103.08 Abusive work environments. (1) Definitions. In this section:
SB233,3,113 (a) "Abusive conduct" means conduct, including acts or omissions, by an
4employer or employee, with malice, that a reasonable person would find to be hostile
5based on the severity, nature, and frequency of the conduct. "Abusive conduct"
6includes repeated infliction of verbal abuse such as derogatory remarks, insults, and
7epithets; verbal or physical conduct that is threatening, intimidating, or
8humiliating; sabotage or undermining of an employee's work performance; or
9exploitation of an employee's known psychological or physical vulnerability.
10"Abusive conduct" does not include a single act unless that act is especially severe
11or egregious.
SB233,3,1412 (b) "Abusive work environment" means a work environment in which an
13employee is subjected to abusive conduct that is so severe that it causes tangible
14harm to the employee.
SB233,4,6
1(c) "Adverse employment action" means an action taken by an employer with
2respect to an employee that has the effect, in whole or in part, of a penalty, including
3dismissal or suspension from employment, demotion, denial of a promotion,
4unfavorable transfer or reassignment, reduction in compensation, or denial of
5increased compensation. "Adverse employment action" also includes a constructive
6discharge.
SB233,4,87 (d) "Aggrieved employee" means an employee who brings an action under sub.
8(3) alleging that he or she has been injured by an unlawful employment practice.
SB233,4,139 (e) "Constructive discharge" means a situation in which an employee resigns
10from employment because the employee reasonably believes that he or she was
11subjected to abusive conduct and, prior to resigning, the employee notified the
12employer of the abusive conduct and the employer failed to take reasonable steps to
13eliminate the abusive conduct.
SB233,4,1414 (f) "Employee" means an individual employed by an employer.
SB233,4,2015 (g) "Employer" means a person engaging in any activity, enterprise, or business
16in this state employing one or more persons on a permanent basis. "Employer"
17includes the state and any office, department, independent agency, authority,
18institution, association, society, or other body in state government created or
19authorized to be created by the constitution or any law, including the legislature and
20the courts.
SB233,4,2221 (h) "Malice" means the intent to cause pain, injury, or distress to another
22person, without legitimate cause or justification.
SB233,4,2423 (i) "Retaliate" means to take an action that negatively affects the terms,
24conditions, and privileges of an employee's employment.
SB233,5,2
1(j) "Tangible harm" means any material impairment of a person's physical or
2mental health or bodily integrity.
SB233,5,43 (k) "Unlawful employment practice" means an unlawful employment practice
4prohibited under sub. (2).
SB233,5,7 5(2) Abusive work environment prohibited. (a) It is an unlawful employment
6practice for an employer or employee to subject an employee to an abusive work
7environment.
SB233,5,108 (b) It is an unlawful employment practice for an employer or employee to
9retaliate or threaten to retaliate in any manner against an employee for any of the
10following reasons:
SB233,5,1111 1. Because the employee opposed an unlawful employment practice.
SB233,5,1512 2. Because the employee initiated, testified in, assisted in, or in any other
13manner participated in an investigation, action, or proceeding to enforce a right
14under this section, including any internal investigation or proceeding, any mediation
15or arbitration proceeding, or any court action.
SB233,5,1716 3. Because the employer believes that the employee engaged in conduct
17described in subd. 1. or 2.
SB233,5,1918 (c) The prohibitions under pars. (a) and (b) may be enforced only by a civil cause
19of action brought under sub. (3).
SB233,6,2 20(3) Civil cause of action. In addition to obtaining any other remedy provided
21by law, an employee who alleges that he or she has been injured by an unlawful
22employment practice may bring an action in circuit court against the employer or
23employee who allegedly engaged in the unlawful employment practice for such relief
24under sub. (5) as the court may consider appropriate. An action under this

1subsection shall be commenced within one year after the last act constituting the
2unlawful employment practice occurred or be barred.
SB233,6,5 3(4) Affirmative defenses. (a) If the alleged unlawful employment practice did
4not result in an adverse employment action against the aggrieved employee, the
5employer may plead as an affirmative defense that all of the following are true:
SB233,6,76 1. The employer exercised reasonable care to prevent and promptly correct the
7abusive conduct that was the basis for the aggrieved employee's cause of action.
SB233,6,108 2. The aggrieved employee unreasonably failed to take advantage of
9appropriate opportunities provided by the employer to prevent or correct that
10abusive conduct.
SB233,6,1411 (b) If the alleged unlawful employment practice resulted in an adverse
12employment action against the aggrieved employee, the employer may plead as an
13affirmative defense that the aggrieved employee's complaint is based on any of the
14following:
SB233,6,1615 1. An adverse employment action that was reasonably taken for poor
16performance, misconduct, or economic necessity.
SB233,6,1817 2. An adverse employment action that was taken in response to a reasonable
18performance evaluation.
SB233,6,1919 3. A reasonable investigation of a potentially illegal or unethical activity.
SB233,6,2320 (c) An employee who is alleged to have engaged in an unlawful employment
21practice may plead as an affirmative defense that the employee engaged in that
22practice at the direction of the employer under threat of an adverse employment
23action against the employee for not engaging in that practice.
SB233,7,9 24(5) Relief. (a) Subject to par. (b), if the circuit court finds that an employer or
25employee has engaged in an unlawful employment practice, the court may enjoin the

1employer or employee from engaging in that practice and may grant such other relief
2as the court may consider appropriate, including reinstatement of the aggrieved
3employee, removal of the person who engaged in the abusive conduct giving rise to
4the unlawful employment practice from the aggrieved employee's work area, medical
5expenses, back pay, front pay, compensation for emotional distress, punitive
6damages under s. 895.043, and, notwithstanding s. 814.04, reasonable costs and
7attorney fees. If the circuit court orders any payment under this paragraph because
8of an unlawful employment practice engaged in by an employee, the employer of the
9employee is liable for that payment.
SB233,7,1310 (b) If an employer is found to have engaged in an unlawful employment practice
11that did not result in an adverse employment action against the aggrieved employee,
12the employer's liability for compensation for emotional distress may not exceed
13$10,000 and the employer is not liable for punitive damages.
SB233,2 14Section 2. 814.04 (intro.) of the statutes is amended to read:
SB233,7,19 15814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m)
16(b), 100.30 (5m), 103.08 (5) (a), 106.50 (6) (i) and (6m) (a), 115.80 (9), 767.553 (4) (d),
17769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3),
18895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3),
19when allowed costs shall be as follows:
SB233,3 20Section 3. 893.997 of the statutes is created to read:
SB233,7,22 21893.997 Abusive work environment. Any civil action arising under s.
22103.08 is subject to the limitations of s. 103.08 (3).
SB233,4 23Section 4. Initial applicability.
SB233,8,3
1(1) Abusive work environment. This act first applies to an unlawful
2employment practice, as defined in section 103.08 (1) (k) of the statutes, as created
3by this act, committed on the effective date of this subsection.
SB233,8,44 (End)
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