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PRINTER'S NO. 2512
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1839
Session of
2017
INTRODUCED BY DAVIS, DRISCOLL, THOMAS, BERNSTINE, NEILSON,
McNEILL, WARREN, SCHWEYER, KIRKLAND AND BRADFORD,
OCTOBER 2, 2017
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, OCTOBER 2, 2017
AN ACT
Providing for employee rights relating to subdermal microchips
and for enforcement by the Department of Labor and Industry.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Employee
Subdermal Microchip Protection Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employer." An individual, firm, partnership, association,
corporation, receiver or other officer of a court of this
Commonwealth, public employer, including the Commonwealth and a
political subdivision of the Commonwealth, and an agent or
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officer of any of them that employs an individual in this
Commonwealth.
"Subdermal microchip." A microchip, device or other form of
technology that is designed to be inserted beneath the skin of
an individual or implanted into the body of an individual and
transmits a radio frequency identification signal.
Section 3. Employer prohibition.
No employer may require an employee to have inserted or
implanted into the employee's body a subdermal microchip.
Section 4. Notice of known risks.
If an employee elects to have a subdermal microchip or other
device implanted into the employee's body at the request of the
employer, the employer shall provide written information to the
employee on the known risks of the subdermal microchip and all
potential removal procedures.
Section 5. Retaliation prohibited.
No employer may:
(1) Refuse to hire, employ, bar, discharge from
employment, withhold pay from, demote or penalize an employee
who does not have a subdermal microchip or refuses to have a
subdermal microchip implanted into the employee's body.
(2) Retaliate against an employee who has made a charge,
filed a complaint or instituted or caused to be instituted a
proceeding under or related to this act, including an
investigation conducted by the employer.
(3) Retaliate against an employee who has testified, is
planning to testify or has assisted or participated in any
manner in an investigation, proceeding, hearing or action
under or related to this act.
Section 6. Enforcement.
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(a) Complaints.--An individual who claims to be aggrieved by
a violation of this act may file a complaint with the department
within 90 days after the alleged violation.
(b) Notice.--Within 30 days of receipt of a complaint, the
department shall provide the employer with a copy of the
complaint.
(c) Determination by department.--Within 90 days of receipt
of a complaint, the department shall notify the complainant and
employer of a determination as to whether a violation has
occurred and whether relief will be ordered by the department.
(d) Relief.--Upon a determination by the department that a
violation has occurred, the department:
(1) Shall enjoin the employer from violating this act
and order the employer to pay compensatory damages to the
complainant.
(2) May assess a civil penalty not to exceed $1,000 for
a first violation and $5,000 for each subsequent violation of
this act.
(e) Appeal.--A party that is dissatisfied with the
determination of the department may file an appeal with
Commonwealth Court within 30 days of receiving notice of the
determination.
(f) Additional remedies preserved.--Nothing in this act
shall be construed to impair existing statutory or common law
rights, powers or duties or bar relief otherwise available under
the law to the complainant.
Section 7. Effective date.
This act shall take effect in 60 days.
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