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IL HB0374

Bill

Status

Introduced

1/29/2009

Primary Sponsor

Arthur Turner

Click for details

Origin

House of Representatives

96th General Assembly

AI Summary

HB0374 - Abusive Work Environment Act

  • Creates a new civil cause of action for employees subjected to abusive work environments, defined as conduct severe enough to cause physical or psychological harm, with malice, and unrelated to legitimate business interests.

  • Establishes employer vicarious liability for abusive work environments within their control, but provides affirmative defenses if the employer exercised reasonable care to prevent and correct the conduct or if negative employment decisions were based on legitimate business reasons.

  • Caps emotional distress damages at $25,000 and prohibits punitive damages against employers when abusive work environments do not result in negative employment decisions, though individual co-employees remain fully liable.

  • Allows remedies including injunctions, reinstatement, removal of offending parties, lost wages, medical expenses, emotional distress compensation, punitive damages (in certain cases), and attorney's fees.

  • Establishes a one-year statute of limitations from the last act comprising the unlawful practice, with enforcement through civil lawsuits, and provides that remedies are in addition to workers' compensation benefits.

Legislative Description

ABUSIVE WORK ENVIRNMNT PREVENT

Last Action

Rule 19(a) / Re-referred to Rules Committee

3/26/2010

Committee Referrals

Rules4/3/2009
Labor2/9/2009
Rules1/30/2009

Full Bill Text

No bill text available