Senate File 2338 S-5128 Amend the House amendment, S-5111, to Senate File 2338, as 1 passed by the Senate, as follows: 2 1. Page 7, after line 11 by inserting: 3 < Sec. ___. NEW SECTION . 686D.9 Employee reporting of 4 COVID-19 —— right to avoid exposure —— civil penalty. 5 1. A person shall not discharge or in any manner 6 discriminate against an employee because the employee has 7 filed a complaint or instituted or caused to be instituted a 8 proceeding under or related to any condition of employment 9 that the employee believes to pose an undue risk of a COVID-19 10 infection or has testified or is about to testify in any such 11 proceeding or because of the exercise by the employee on behalf 12 of the employee or others of a right afforded by this chapter. 13 2. A person shall not discharge or in any manner 14 discriminate against an employee because the employee, who 15 with no reasonable alternative, refuses in good faith to be 16 exposed to COVID-19; provided the employee, where possible, has 17 first sought through resort to regular statutory enforcement 18 channels, unless there has been insufficient time due to the 19 urgency of the situation, or the employee has sought and been 20 unable to obtain from the person a correction of the dangerous 21 condition. 22 3. A person violating this section shall be assessed a 23 civil penalty of one thousand dollars, and shall reinstate the 24 employee with back pay, pay the employee front pay equal to the 25 total amount of back pay, and reimburse the employee for the 26 employee’s court costs and attorney fees. > 27 2. By renumbering as necessary. 28 ______________________________ NATE BOULTON -1- S5111.4308 (3) 88 ja/jh 1/ 1 #1. #2.