PRINTER'S NO. 1066
No. 948 Session of 1989
INTRODUCED BY TIGUE, CAWLEY, BELARDI, CAPPABIANCA, JAROLIN,
SERAFINI, STISH, BATTISTO, DOMBROWSKI, ITKIN, DeWEESE, OLASZ,
FREEMAN, LETTERMAN, GEIST, DALEY, PRESTON, KOSINSKI, JAMES,
VROON, MRKONIC, KUKOVICH, ARGALL, MELIO, LINTON, MORRIS,
ROBINSON, BUNT, HALUSKA, DISTLER, LASHINGER, PISTELLA,
CIVERA, BISHOP, RICHARDSON, YANDRISEVITS, TRELLO, McVERRY,
BILLOW, LEVDANSKY, PETRONE, E. Z. TAYLOR AND HARPER,
APRIL 3, 1989
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 3, 1989
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the protection of
3 employment of persons who campaign for or become candidates
4 for political office.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 7326. Protection of employment of persons who campaign for or
10 become candidates for political office.
11 (a) General rule.--An employer shall not deprive an employee
12 of his employment, seniority position or benefits, or threaten
13 or otherwise coerce him with respect thereto, because the
14 employee campaigns for or becomes a candidate for a political
15 office. Nothing in this section shall be construed to require
16 the employer to give the employee any time off from employment
1 because of such campaigning or candidacy that the employee would
2 not otherwise be entitled to.
3 (b) Penalty.--An employer who violates subsection (a)
4 commits a summary offense.
5 (c) Civil remedy available.--If an employer penalizes an
6 employee in violation of subsection (a), the employee may bring
7 a civil action for recovery of wages and benefits lost as a
8 result of the violation and for an order requiring the
9 reinstatement of the employee. Damages recoverable shall not
10 exceed wages and benefits actually lost. If he prevails, the
11 employee shall be allowed a reasonable attorney fee fixed by the
12 court.
13 (d) Exception.--This section shall not be applicable in any
14 instance where the contract or conditions of employment of an
15 employee prohibit him from campaigning for or becoming a
16 candidate for a political office, or such activity by the
17 employee is otherwise prohibited by law.
18 (e) Definition.--As used in this section, the term
19 "political office" means an elective position in any department,
20 authority, commission, committee, council, board, bureau,
21 division, service, office, administration, legislative body, or
22 other establishment in the executive, legislative or judicial
23 branch of the State or a political subdivision thereof.
24 Section 2. This act shall take effect in 60 days.
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