House File 2328 - Introduced
HOUSE FILE
BY PETERSEN and WISE
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act concerning communications by employers concerning
2 political and religious issues.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6085YH 81
5 kk/gg/14
PAG LIN
1 1 Section 1. NEW SECTION. 730.6 EMPLOYER COMMUNICATIONS.
1 2 1. As used in this section, unless the context otherwise
1 3 requires:
1 4 a. "Employee" means a natural person who is employed in
1 5 this state for wages by an employer, and includes a research
1 6 assistant, research fellow, teaching assistant, teaching
1 7 fellow, post=doctoral associate, post=doctoral fellow, intern,
1 8 or resident at a nonprofit institution of higher education
1 9 eligible for tuition grants, and an intern or resident at a
1 10 nonprofit hospital.
1 11 b. "Employer" means a person who in this state employs for
1 12 wages a natural person and includes an employer's agent,
1 13 representative, or designee.
1 14 c. "Labor organization" means the same as defined in
1 15 section 216.2.
1 16 d. "Political matters" includes political party
1 17 affiliation or the decision to join or not join any lawful
1 18 political, social, or community group or activity or any labor
1 19 organization.
1 20 2. An employer shall not require the employer's employees
1 21 to attend an employer=sponsored meeting or participate in any
1 22 communications with the employer, the primary purpose of which
1 23 is to communicate the employer's opinion about religious or
1 24 political matters, except that an employer may communicate to
1 25 employees information about religious or political matters
1 26 that the employer is required by law to communicate, but only
1 27 to the extent of such legal requirement.
1 28 3. An employer shall not discharge, discipline, or
1 29 otherwise penalize or threaten to discharge, discipline, or
1 30 otherwise penalize any employee because the employee, or a
1 31 person acting on behalf of the employee, makes a good faith
1 32 report, verbally or in writing, of a violation or suspected
1 33 violation of this section. This subsection shall not apply if
1 34 the employee knows that such report is false at the time the
1 35 report is made.
2 1 4. An employee alleging to be aggrieved by a violation of
2 2 this section may file a civil action within ninety days after
2 3 the date of the alleged violation in a court of competent
2 4 jurisdiction in the county where the violation is alleged to
2 5 have occurred or where the employer has its principal office.
2 6 The court may award a prevailing employee all appropriate
2 7 relief, including reinstatement, back pay, and reestablishment
2 8 of any employee benefits to which the employee would otherwise
2 9 have been eligible if such violation had not occurred. The
2 10 court shall award a prevailing employee treble damages in an
2 11 amount up to three times the amount of all other damages
2 12 awarded, reasonable attorney fees, and costs.
2 13 5. This section shall not be construed to limit an
2 14 employee's right to bring any other action allowed by law
2 15 against an employer for wrongful termination or to diminish or
2 16 impair the rights of a person under any collective bargaining
2 17 agreement.
2 18 6. This section shall not prohibit any of the following:
2 19 a. A religious organization from requiring its employees
2 20 to attend an employer=sponsored meeting or to participate in
2 21 any communications with the employer or its agents or
2 22 representatives, the primary purpose of which is to
2 23 communicate the employer's religious beliefs, practices, or
2 24 tenets.
2 25 b. A political organization from requiring its employees
2 26 to attend an employer=sponsored meeting or to participate in
2 27 any communications with the employer or its agents or
2 28 representatives, the primary purpose of which is to
2 29 communicate the employer's political tenets or purposes.
2 30 c. An institution of higher education from requiring
2 31 student instructors to attend lectures on religious or
2 32 political matters that are part of the regular coursework at
2 33 such institution.
2 34 EXPLANATION
2 35 This bill relates to an employer's communications regarding
3 1 politics or religion to the employer's employees. The bill
3 2 prohibits an employer from requiring its employees to attend a
3 3 meeting or participate in communications with the employer
3 4 regarding the employer's opinion on religious or political
3 5 matters unless the employer is required to do so by law. The
3 6 bill prohibits an employer from discharging, disciplining, or
3 7 otherwise penalizing, or threatening to discharge, discipline,
3 8 or penalize an employee for making a good faith report of a
3 9 violation or suspected violation by an employer. An employee
3 10 who has been aggrieved by a violation by an employer may file
3 11 a civil action against the employer for back pay,
3 12 reinstatement, reestablishment of benefits, treble damages up
3 13 to three times the amount of all other damages awarded,
3 14 attorney fees, and costs.
3 15 The provisions of the bill shall not prohibit a religious
3 16 organization or political organization from requiring
3 17 employees to attend meetings or participate in communications
3 18 with the employer concerning religious or political matters
3 19 respectively. The provisions of the bill shall also not
3 20 prohibit an institution of higher education from requiring
3 21 student instructors to attend lectures on religious or
3 22 political matters related to the student's regular coursework.
3 23 The bill provides definitions of "employee", "employer",
3 24 "labor organization", and "political matters".
3 25 LSB 6085YH 81
3 26 kk:nh/gg/14