House File 2502 S-5319 Amend House File 2502, as amended, passed, and reprinted by 1 the House, as follows: 2 1. Page 37, after line 28 by inserting: 3 < DIVISION ___ 4 UNFAIR OR DISCRIMINATORY EMPLOYMENT PRACTICES 5 Sec. ___. Section 669.21, subsection 2, Code 2018, is 6 amended by adding the following new paragraph: 7 NEW PARAGRAPH . c. The duty to indemnify and hold harmless 8 shall not apply if the employee is accused of committing an 9 unfair or discriminatory employment practice in violation of 10 state or federal law. If the employee is accused of committing 11 an unfair or discriminatory employment practice in violation of 12 state or federal law and the accusation results in an award by 13 a court, the duty to compensate the plaintiff shall apply, but 14 the state shall seek restitution from the employee. 15 Sec. ___. Section 669.22, Code 2018, is amended to read as 16 follows: 17 669.22 Actions in federal court. 18 1. The state shall defend any employee, and shall indemnify 19 and hold harmless an employee of the state in any action 20 commenced in federal court under 42 U.S.C. §1983 against the 21 employee for acts of the employee while acting in the scope 22 of employment. The duty to indemnify and hold harmless shall 23 not apply and the state shall be entitled to restitution 24 from an employee if the employee fails to cooperate in the 25 investigation or defense of the claim or demand, or if, in 26 an action commenced by the state against the employee, it is 27 determined that the conduct of the employee upon which the 28 claim or demand was based constituted a willful and wanton act 29 or omission or malfeasance in office. 30 2. The duty to indemnify and hold harmless shall not 31 apply if the employee is accused of committing an unfair or 32 discriminatory employment practice in violation of federal 33 law. If the employee is accused of committing an unfair or 34 discriminatory employment practice in violation of federal law 35 -1- HF2502.5825 (3) 87 tm/rn 1/ 2 #1.