PRINTER'S NO. 1041
No. 956 Session of 1993
INTRODUCED BY VEON, OLASZ, KUKOVICH, PISTELLA, PRESTON, BUNT,
FAJT, TRELLO, BELARDI AND CURRY, MARCH 25, 1993
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 25, 1993
AN ACT
1 Prohibiting discrimination against persons who use lawful
2 products, providing for enforcement and for penalties.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Discrimination for use of lawful products
6 prohibited.
7 (a) General rule.--Except as otherwise specifically provided
8 by law and except as provided by subsection (b), it shall be
9 unlawful for an employer to refuse to hire or to discharge any
10 individual or otherwise disadvantage any individual, with
11 respect to compensation, terms, conditions or privileges of
12 employment because the individual uses lawful products off the
13 premises of the employer during nonworking hours.
14 (b) Exception.--This section does not apply to any employer
15 that is a nonprofit organization that, as one of its primary
16 purposes or objectives, discourages the use of one or more
17 lawful products by the general public. This section does not
1 apply to the use of those lawful products which impairs an
2 employee's ability to perform the employee's assigned duties.
3 Section 2. Administrative enforcement and civil remedy.
4 (a) Complaint.--Any person claiming to be aggrieved by a
5 violation of this act shall file a complaint with the Department
6 of Labor and Industry within six months of the alleged
7 violation. The Department of Labor and Industry shall conduct a
8 hearing in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to
9 practice and procedure of Commonwealth agencies).
10 (b) Complaint not to be foreclosed.--If a person files a
11 complaint with the Department of Labor and Industry, that
12 person's right of action in the courts of this Commonwealth
13 shall not be foreclosed. If within one year after the filing of
14 the complaint, the Department of Labor and Industry has
15 dismissed the complaint or has not concluded its proceedings,
16 the Department of Labor and Industry shall notify the aggrieved
17 person. On receipt of the notice, the aggrieved person shall be
18 able to bring action in the court of common pleas of this
19 Commonwealth. If the employer is an agency or political
20 subdivision of the Commonwealth, then the civil action shall be
21 filed in Commonwealth Court.
22 Section 3. Relief.
23 (a) General rule.--Upon finding of a violation under section
24 2, the aggrieved party may be granted the following relief:
25 (1) In any civil action or departmental proceeding
26 brought under section 2, the Department of Labor and Industry
27 or a court may grant as relief any permanent or temporary
28 injunction, temporary restraining order and other equitable
29 relief as the Department of Labor and Industry or court deems
30 appropriate.
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1 (2) Any employer that violates any provision of this act
2 shall be liable to an injured party in an amount equal to any
3 wages, salary, employment benefits or other compensation
4 denied or lost to the party by reason of the violation, plus
5 legal interest on the total monetary damages.
6 (3) Any employer that violates any provision of this act
7 may also be liable to the injured party in the amount of $100
8 for each day the violation occurs. The maximum penalty
9 imposed under this paragraph shall not exceed $5,000.
10 (4) A prevailing injured party may be awarded a
11 reasonable attorney fee as part of costs, in addition to any
12 relief awarded. Any Commonwealth agency or political
13 subdivision shall be liable for costs the same as a private
14 person.
15 (b) Limitation.--Damages awarded under subsection (a)(2) may
16 not accrue from a date more than two years before the date on
17 which the complaint was filed with the Department of Labor and
18 Industry.
19 Section 4. Construction.
20 Nothing in this act shall be construed to supersede any law
21 or contract which provides greater employee rights than the
22 rights established under this act.
23 Section 5. Effective date.
24 This act shall take effect in 60 days.
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