HF 2044 (LSB 5577YH (3) 87)

HOUSE FILE 2044

BY  JACOBY

A BILL FOR

An Act relating to claims arising from state employees committing sexual harassment in the workplace.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 669.21, subsection 2, Code 2018, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  The duty to defend and the duty to indemnify and hold harmless shall not apply if the claim arises from the employee committing sexual harassment in the workplace in violation of state or federal law.
    Sec. 2.  Section 669.22, Code 2018, is amended to read as follows:
   669.22  Actions in federal court.
   The state shall defend any employee, and shall indemnify and hold harmless an employee of the state in any action commenced in federal court under 42 U.S.C. §1983 against the employee for acts of the employee while acting in the scope of employment. The duty to indemnify and hold harmless shall not apply and the state shall be entitled to restitution from an employee if the employee fails to cooperate in the investigation or defense of the claim or demand, or if, in an action commenced by the state against the employee, it is determined that the conduct of the employee upon which the claim or demand was based constituted a willful and wanton act or omission or malfeasance in office.  The duty to defend and the duty to indemnify and hold harmless shall not apply if the claim arises from the employee committing sexual harassment in the workplace in violation of federal law.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, the state has waived sovereign immunity for certain tort claims, which are defined as monetary, pursuant to the Iowa tort claims Act, Code chapter 669. Under current law, if a state employee is acting within the scope of the employee’s office or employment, the state will defend and will indemnify and hold harmless the employee or the state will be substituted as the defendant in place of the employee. Thus under current law, unless the employee is acting outside the scope of the employee’s office or employment, the employee is not personally liable for torts.
   In accordance with the Iowa civil rights Act, Code chapter 216, and federal law, it is unlawful for state employees to engage in sexual harassment in the workplace. This bill removes the state protection of an employee in a tort action if the claims arise out of the state employee committing sexual harassment in the workplace in violation of state or federal law. Under the bill, a state employee would be personally liable if sued for sexual harassment in the workplace. The state would not defend the state employee and the state employee would be liable for the plaintiff’s attorney fees and damages.