Senate File 2172 - Introduced SENATE FILE BY COURTNEY Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act concerning employer communications about politics, 2 religion, and labor organizing activities and providing a 3 remedy. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5882SS 81 6 ec/je/5 PAG LIN 1 1 Section 1. NEW SECTION. 730.6 PROHIBITED EMPLOYER 1 2 COMMUNICATIONS. 1 3 1. DEFINITIONS. As used in this section, unless the 1 4 context otherwise requires: 1 5 a. "Employee" means an employee of an employer who is 1 6 employed in a business of the employer. 1 7 b. "Employer" means a person engaged in a business who has 1 8 one or more employees and also includes the state of Iowa, its 1 9 various departments and agencies, and any political 1 10 subdivision of the state. 1 11 c. "Labor organization" means any organization which 1 12 exists for the purpose in whole or in part of collective 1 13 bargaining, or dealing with employers concerning grievances, 1 14 terms, or conditions of employment, or of other mutual aid or 1 15 protection in connection with employment. 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 1 19 labor organization. 1 20 2. An employer or an employer's agent shall not require 1 21 employees of the employer to attend an employer=sponsored 1 22 meeting or participate in any communications with the employer 1 23 or its agents or representatives, the primary purpose of which 1 24 is to communicate the employer's opinion about religious or 1 25 political matters, except that an employer or its agent may 1 26 communicate to employees information about religious or 1 27 political matters that the employer is required by law to 1 28 communicate, but only to the extent of such a lawful 1 29 requirement. 1 30 3. An employer or an employer's agent shall not discharge, 1 31 discipline, or otherwise penalize or threaten to discharge, 1 32 discipline, or otherwise penalize any employee because the 1 33 employee, or a person acting on behalf of the employee, makes 1 34 a good faith report, verbally or in writing, of a violation or 1 35 a suspected violation of this section. The provisions of this 2 1 subsection shall not be applicable when the employee knows 2 2 that such report is false. 2 3 4. An aggrieved employee may enforce the provisions of 2 4 this section by means of a civil action brought no later than 2 5 ninety days after the date of the alleged violation in the 2 6 county where the violation is alleged to have occurred or 2 7 where the employer has its principal office. The court may 2 8 award a prevailing employee all appropriate relief, including 2 9 rehiring or reinstatement of the employee to the employee's 2 10 former position, back pay, and reestablishment of any employee 2 11 benefits to which the employee would otherwise have been 2 12 eligible if such violation had not occurred. The court shall 2 13 award a prevailing employee treble damages, together with 2 14 reasonable attorney fees and costs. 2 15 5. This section shall not be construed to limit an 2 16 employee's right to bring a cause of action against an 2 17 employer for wrongful termination or to diminish or impair the 2 18 rights of a person under any collective bargaining agreement. 2 19 6. This section shall not be construed to prohibit any of 2 20 the following: 2 21 a. A religious organization may require its employees to 2 22 attend an employer=sponsored meeting or to participate in any 2 23 communications with the employer or its agents or 2 24 representatives, the primary purpose of which is to 2 25 communicate the employer's religious beliefs, practices, or 2 26 tenets. 2 27 b. A political organization may require its employees to 2 28 attend an employer=sponsored meeting or to participate in any 2 29 communications with the employer or its agents or 2 30 representatives, the primary purpose of which is to 2 31 communicate the employer's political tenets or purposes. 2 32 c. An educational institution may require student 2 33 instructors to attend lectures on political or religious 2 34 matters that are part of the regular coursework at such 2 35 institution. 3 1 EXPLANATION 3 2 This bill prohibits employers from requiring employees to 3 3 attend employer=sponsored meetings or participate in any 3 4 communications, the primary purpose of which is to communicate 3 5 the employer's opinion about religious or political matters. 3 6 The bill defines political matters to include political party 3 7 affiliation or the decision to join or not join any lawful, 3 8 political, social, or community group or activity, or any 3 9 labor organization. The bill provides that an employer shall 3 10 not take disciplinary or other adverse employment action 3 11 against an employee who makes a good faith report of a 3 12 potential violation of this new provision. The bill allows an 3 13 aggrieved employee to enforce the provisions of this new 3 14 section by bringing a civil action within 90 days of the 3 15 alleged violation. An employee may be awarded all appropriate 3 16 relief, such as reinstatement and treble damages with 3 17 reasonable attorney fees and costs. The bill provides that 3 18 this new section does not apply to religious organizations, 3 19 political organizations, and educational institutions as it 3 20 relates to required lectures for student instructors. 3 21 LSB 5882SS 81 3 22 ec:rj/je/5