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