Wisconsin Considers Abusive Work Environment and Bullying as Grounds for Legal Action
Most people associate workers’ compensation lawsuits to a physical injury that takes place while on the job, or perhaps resulting from incidents of discrimination or sexual harassment. But what about employers who are victims of bullying?
According to a Wisconsin Law Journal report, Assembly Bill 894 would allow an employee in Wisconsin to pursue compensation for suffering from bullying or an offensive work space. While there are plenty of instances of bullying within an abusive working space that occur outside of sexual harassment and discrimination, employment law attorneys cannot typically help these workers. And many employees being bullied are speaking up.
Wisconsin could be the initial state to approve and initiate this new law. Employees would be able to file lawsuits in circuit court in opposition of an employer for office or working environment bullying. An abused employee could potentially seek restitution for medical expenses, past and future earnings, psychological trauma, punitive damages and attorney costs. Despite 17 other states since 2003 presenting similar proposals to the foundation of Wisconsin’s Assembly Bill 894, none have officially been approved.
Similar to when any new legislation is on the horizon, there are several opinions supporting and opposing an employee’s ability to sue for workplace bullying or otherwise abusive work circumstances. While many believe that the new law would increase the amount of employers who would be held accountable and provide a legal solution for employees otherwise left high and dry, others fear the employers would simply become markers for legal action. Some also question why employees would be allowed to bring an action in circuit court when they could instead go through an administrative process as is typical for other employment discrimination claims.
While some suspect that employees will take advantage of the new law and sue out of spite instead of being legitimate victims of an abusive workplace, it is highly likely that the new law will greatly increase employee protection in an economy where people will take the heat for the paycheck.
