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.