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