H1852B3094A08846     AJM:DM  02/14/12     #90        A08846

AMENDMENTS TO HOUSE BILL NO. 1852

Sponsor: REPRESENTATIVE W. KELLER

Printer's No. 3094

Amend Bill, page 1, line 18, by inserting after

"compensation,"

for protection of employees from retaliation, 

Amend Bill, page 3, by inserting between lines 27 and 28

Section 3.1.  The act is amended by adding a section to read:

Section 703.3.  Protection of Employes from Retaliation.--(a)

No employer or officer or agent of the employer may discharge,

threaten or otherwise discriminate or retaliate against an

employe regarding the employe's compensation, terms, conditions,

location or privileges of employment for making a complaint or

reporting suspected illegalities to the department or other

appropriate authority related to the payment or nonpayment,

collection or noncollection of contributions required of the

employer under this act. An employer or officer or agent of the

employer who violates any provision of this section shall be

guilty of a misdemeanor and, upon conviction thereof, shall be

sentenced for each offense to pay a fine of not less than five

hundred dollars ($500) nor more than one thousand dollars

($1,000), or be imprisoned for not more than six (6) months, or

both.

(b)  No employer or officer or agent of the employer may

discharge, threaten or otherwise discriminate or retaliate

against an employe regarding the employe's compensation, terms,

conditions, location or privileges of employment because the

employe is requested by the secretary to participate in an

investigation, hearing or inquiry held by the secretary or in a

court action.

(c)  An employe who alleges a violation of this act may bring

a civil action in a court of competent jurisdiction for

appropriate injunctive relief or damages, or both, within six

(6) months after the discovery of the alleged violation.

(1)  It shall be a defense to an action under this section if

the defendant proves by a preponderance of the evidence that the

action by the employer or officer or agent of the employer

occurred for separate and legitimate reasons which are not

merely pretextual.

(2)  A court, in rendering a judgment in an action brought

under this act, shall order, as the court considers appropriate,

reinstatement of the employe, the payment of back wages, full

reinstatement of fringe benefits and seniority rights, damages

or a combination of the remedies. A court may also award the

complainant all or a portion of the costs of litigation,

including reasonable attorney and witness fees, if the court

determines that the award is appropriate.