Senate Study Bill 1155 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LABOR AND BUSINESS RELATIONS BILL BY CHAIRPERSON HORN) A BILL FOR An Act prohibiting an employer from retaliation against 1 employees that is related to the pursuit of workers’ 2 compensation claims. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2599XC (2) 84 av/nh

S.F. _____ Section 1. Section 85.18, Code 2011, is amended to read as 1 follows: 2 85.18 Contract to relieve not operative —— retaliation 3 prohibited . 4 1. No contract, rule, or device whatsoever shall operate to 5 relieve the employer, in whole or in part, from any liability 6 created by this chapter except as herein otherwise provided in 7 this chapter . 8 2. An employer shall not discharge, discriminate, or in 9 any manner retaliate against an employee for pursuing the 10 employee’s statutory right to compensation for work-related 11 injuries under this chapter or chapter 85A, 85B, 86, or 87. 12 An employer shall not prevent or hinder an employee from 13 contacting an attorney regarding the employee’s statutory right 14 to compensation for work-related injuries. 15 3. An employer shall not discharge, discriminate, or in 16 any manner retaliate against an employee for assisting another 17 employee in pursuing that employee’s right to compensation for 18 work-related injuries under this chapter or chapter 85A, 85B, 19 86, or 87, including assisting another employee in contacting 20 an attorney regarding the other employee’s statutory right to 21 compensation for work-related injuries, or testifying on behalf 22 of another employee in a proceeding brought under or related to 23 this chapter or chapter 85A, 85B, 86, or 87. 24 4. An employee has a cause of action at law against an 25 employer for damages caused by a violation of this section. 26 EXPLANATION 27 This bill amends Code section 85.18 to prohibit an employer 28 from discharging, discriminating, or in any manner retaliating 29 against an employee for pursuing the employee’s statutory right 30 to compensation for work-related injuries, including preventing 31 or hindering an employee from contacting an attorney regarding 32 those statutory rights. The bill codifies an Iowa Supreme 33 Court ruling in Springer v. Weeks & Leo Co., 429 N.W.2d 558 34 (Iowa 1988) which held that the discharge of an employee for 35 -1- LSB 2599XC (2) 84 av/nh 1/ 2

S.F. _____ pursuing that statutory right violates a clearly articulated 1 public policy of this state. 2 The bill also prohibits an employer from discharging, 3 discriminating, or retaliating in any manner against an 4 employee who assists another employee in pursuing that 5 employee’s right to workers’ compensation, including assisting 6 the other employee in contacting an attorney or testifying on 7 behalf of another employee in a proceeding brought under this 8 state’s workers’ compensation laws. This provision responds 9 to a ruling in Ballalatak v. All Iowa Agriculture Association, 10 781 N.W.2d 272 (Iowa 2010) which held that the public policy 11 found in Iowa’s workers’ compensation statutes that protects 12 injured employees against retaliation for the pursuit of their 13 statutory rights to workers’ compensation does not extend to 14 other employees who advocate internally for another employee’s 15 workers’ compensation claim or internally raise concerns about 16 the employer’s compliance with workers’ compensation statutes 17 as it relates to another injured employee. 18 An employee has a cause of action at law against an employer 19 for damages caused by a violation of Code section 85.18. 20 -2- LSB 2599XC (2) 84 av/nh 2/ 2