PRIOR PRINTER'S NO. 1379
PRINTER'S NO. 1497
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY WHITE, SCHLOSSBERG, K. BOYLE, O'BRIEN, BROWNLEE, D. COSTA, FLECK, MILLARD, COHEN, KORTZ, READSHAW, CALTAGIRONE, O'NEILL, MOUL, MATZIE, P. DALEY, KINSEY, MOLCHANY, FREEMAN, GOODMAN, DAVIDSON, SABATINA AND QUINN, APRIL 8, 2013
AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 16, 2013
<-10Section 1. Short title.
13Section 2. Definitions.
3"Employer." A person, including a State or local government
4entity, engaged in a business, an industry, a profession, a
5trade or other enterprise in this Commonwealth or a unit of
6State or local government. The term includes an agent, a
7representative or a designee of such person.
8"Personal electronic account." An account created through an
9electronic medium or a service that allows users to create,
10edit, store, share or view user-generated content, including
11videos or photographs, blogs, video blogs, podcasts, messages,
12electronic mail, profiles, locations or any other information or
14"Social media." The term includes, but is not limited to,
15social networking Internet websites and any other forms of media
16or services that involve any means of creating, sharing and
17viewing user-generated information through a personal electronic
18account or Internet website.
19Section 3. Social media privacy protection in employment.
20(a) General rule.--An employer may not:
1(4) Discharge, discipline or otherwise penalize or
2threaten to discharge, discipline or otherwise penalize an
3employee for the employee's refusal to disclose any
4information specified under this subsection.
10(1) Promulgating and maintaining workplace policies
11governing the use of the employer's electronic communication
12devices. This includes policies regarding an employee's use
13of the Internet, social media accounts, services or Internet
14websites and e-mail use pertaining to the employer.
15(2) Monitoring the usage of the employer's electronic
16communication devices and nonpersonal accounts or services
17that provide access to the employer's internal computer or
18information systems so long as the employer is in compliance
19with subsection (a).
25(a) General rule.--An educational institution may not:
1an employee or agent of the educational institution.
5(4) Expel, discipline, fail to admit or otherwise
6penalize a student or prospective student for failure to
7grant access to, allow observation of or disclose information
8that allows access to or observation of the student's or
9prospective student's private and personal social media.
22Section 5. Cause of action.
23An individual who is the subject of a violation of this act
24may bring a civil action in a court of competent jurisdiction
25against an employer or educational institution within three
26years from the date upon which the violation occurs.
27Section 6. Penalties.
1to pay a fine of not more than $5,000 per violation, reasonable
2attorney fees and court costs. The court may order an employer
3or educational institution to pay damages to the aggrieved
4individual in an amount not to exceed $1,000 per violation as
5well as to take reasonable corrective actions.
6Section 7. Protection of employees.
7(a) General rule.--It shall be unlawful for an employer to
8discharge, threaten or otherwise discriminate or retaliate
9against an employee regarding the employee's compensation,
10terms, conditions, location or privileges of employment because:
17(b) Scope of protection.--Any person who in good faith
18alleges noncompliance with this act shall be afforded the rights
19provided by this act, notwithstanding the person's failure to
20prevail on the merits.
21(c) Rebuttable presumption.--Taking adverse action against
22an employee within 180 days of the person's exercise of rights
23protected under this act shall raise a rebuttable presumption of
24having done so in retaliation for the exercise of those rights.
25Section 8. Effective date.
26This act shall take effect in 60 days.
<-27Section 1. Short title.
30Section 2. Definitions.
4"Employer." A person engaged in a business, an industry, a
5profession, a trade or other enterprise in this Commonwealth or
6a unit of State or local government. The term includes an agent,
7a representative or a designee of the employer.
8"Social media." Includes, but is not limited to, social
9networking Internet websites and any other forms of media that
10involve any means of creating, sharing and viewing user-
11generated information through an account, service or Internet
13Section 3. Privacy protection.
14(a) General rule.--An employer may not request or require
15that an employee or prospective employee disclose any user name,
16password or other means for accessing a private or personal
17social media account, service or Internet website.
18(b) Refusal.--An employer may not do any of the following:
19(1) Discharge, discipline or otherwise penalize or
20threaten to discharge, discipline or otherwise penalize an
21employee for an employee's refusal to disclose any
22information specified under subsection (a).
13Section 4. Effective date.
14This act shall take effect in 60 days.