H2388B3719A05600 AJM:JMT 05/12/20 #90 A05600
AMENDMENTS TO HOUSE BILL NO. 2388
Sponsor: SENATOR L. WILLIAMS
Printer's No. 3719
Amend Bill, page 6, by inserting between lines 20 and 21
Section 110-A. Protection from retaliation.
(a) General rule.--It shall be unlawful for a business
operating under a waiver to the order to discharge, threaten or
otherwise retaliate or discriminate against an
individual employed by the business regarding compensation or
other terms or conditions of employment because the individual:
(1) makes a complaint regarding the business' failure to
comply with the mitigation measures defined by the Centers
for Disease Control and Prevention or the order of the
Secretary of Health directing public health and safety
measures for businesses permitted to maintain in-person
operations to the business or the Department of Community and
Economic Development; or
(2) participates in an investigation regarding the
business' failure to comply with the mitigation measures
defined by the Centers for Disease Control and Prevention or
the order of the Secretary of Health directing public health
and safety measures for businesses permitted to maintain in-
person operations.
(b) Actions.--An individual who suffers retaliation or
discrimination in violation of this section may bring an action
in a court of common pleas in accordance with established civil
procedures of this Commonwealth. The action must be brought
within three years from the date the individual knew of the
retaliation or discrimination.
(c) Relief.--If an individual prevails in an action
commenced under this section, the individual shall be entitled
to the following relief:
(1) reinstatement of the individual as an employee, if
applicable;
(2) restitution equal to three times the amount of the
individual's wages and fringe benefits calculated from the
date of the retaliation or discrimination;
(3) reasonable attorney fees and the cost of the action;
and
(4) any other legal and equitable relief as the court
deems appropriate.
2020/90AJM/HB2388A05600 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38