House
File
2044
-
Introduced
HOUSE
FILE
2044
BY
JACOBY
A
BILL
FOR
An
Act
relating
to
claims
arising
from
state
employees
1
committing
sexual
harassment
in
the
workplace.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
669.21,
subsection
2,
Code
2018,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
c.
The
duty
to
defend
and
the
duty
to
3
indemnify
and
hold
harmless
shall
not
apply
if
the
claim
arises
4
from
the
employee
committing
sexual
harassment
in
the
workplace
5
in
violation
of
state
or
federal
law.
6
Sec.
2.
Section
669.22,
Code
2018,
is
amended
to
read
as
7
follows:
8
669.22
Actions
in
federal
court.
9
The
state
shall
defend
any
employee,
and
shall
indemnify
and
10
hold
harmless
an
employee
of
the
state
in
any
action
commenced
11
in
federal
court
under
42
U.S.C.
§1983
against
the
employee
for
12
acts
of
the
employee
while
acting
in
the
scope
of
employment.
13
The
duty
to
indemnify
and
hold
harmless
shall
not
apply
and
the
14
state
shall
be
entitled
to
restitution
from
an
employee
if
the
15
employee
fails
to
cooperate
in
the
investigation
or
defense
of
16
the
claim
or
demand,
or
if,
in
an
action
commenced
by
the
state
17
against
the
employee,
it
is
determined
that
the
conduct
of
the
18
employee
upon
which
the
claim
or
demand
was
based
constituted
19
a
willful
and
wanton
act
or
omission
or
malfeasance
in
20
office.
The
duty
to
defend
and
the
duty
to
indemnify
and
hold
21
harmless
shall
not
apply
if
the
claim
arises
from
the
employee
22
committing
sexual
harassment
in
the
workplace
in
violation
of
23
federal
law.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
Under
current
law,
the
state
has
waived
sovereign
immunity
28
for
certain
tort
claims,
which
are
defined
as
monetary,
29
pursuant
to
the
Iowa
tort
claims
Act,
Code
chapter
669.
Under
30
current
law,
if
a
state
employee
is
acting
within
the
scope
of
31
the
employee’s
office
or
employment,
the
state
will
defend
and
32
will
indemnify
and
hold
harmless
the
employee
or
the
state
will
33
be
substituted
as
the
defendant
in
place
of
the
employee.
Thus
34
under
current
law,
unless
the
employee
is
acting
outside
the
35
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scope
of
the
employee’s
office
or
employment,
the
employee
is
1
not
personally
liable
for
torts.
2
In
accordance
with
the
Iowa
civil
rights
Act,
Code
chapter
3
216,
and
federal
law,
it
is
unlawful
for
state
employees
to
4
engage
in
sexual
harassment
in
the
workplace.
This
bill
5
removes
the
state
protection
of
an
employee
in
a
tort
action
if
6
the
claims
arise
out
of
the
state
employee
committing
sexual
7
harassment
in
the
workplace
in
violation
of
state
or
federal
8
law.
Under
the
bill,
a
state
employee
would
be
personally
9
liable
if
sued
for
sexual
harassment
in
the
workplace.
The
10
state
would
not
defend
the
state
employee
and
the
state
11
employee
would
be
liable
for
the
plaintiff’s
attorney
fees
and
12
damages.
13
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