CORRECTIVE REPRINT
PRIOR PRINTER'S NOS. 1041, 1899 PRINTER'S NO. 1984
No. 956 Session of 1993
INTRODUCED BY VEON, OLASZ, KUKOVICH, PISTELLA, PRESTON, BUNT,
FAJT, TRELLO, BELARDI, CURRY, GIGLIOTTI, FREEMAN, COLAFELLA,
S. H. SMITH AND D. W. SNYDER, MARCH 25, 1993
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 25, 1993
AN ACT
1 Prohibiting discrimination against persons who use lawful
2 products; and providing for enforcement and for penalties.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Discrimination for use of lawful products
6 prohibited.
7 (a) General rule.--Except as otherwise specifically provided
8 by law and except as provided by subsection (b), it shall be
9 unlawful for an employer to refuse to hire or to discharge any
10 individual or otherwise disadvantage any individual, with
11 respect to compensation, terms, conditions or privileges of
12 employment because the individual uses lawful products off the
13 premises of the employer during nonworking hours.
14 (b) Exception.--This section does not apply to any employer
15 that is a nonprofit organization that, as one of its primary
16 purposes or objectives, discourages the use of one or more
1 lawful products by the general public. This section does not
2 apply to the use of those lawful products which impairs an <--
3 employee's ability to perform the employee's assigned duties.
4 THOSE JOB REQUIREMENTS WHICH LIMIT THE USE, DURING NONWORKING <--
5 HOURS OF LAWFUL PRODUCTS BY AN EMPLOYEE THAT WOULD IMPAIR AN
6 EMPLOYEE'S ABILITY TO PERFORM THE EMPLOYEE'S ASSIGNED DUTIES OR
7 THAT WOULD THREATEN THE SAFETY OF ANY PERSON, INCLUDING THOSE
8 JOB REQUIREMENTS ADOPTED PURSUANT TO THE REQUIREMENTS AND
9 STANDARDS OF ANY FEDERAL, STATE OR LOCAL GOVERNMENT OR THEIR
10 AGENCIES, OR REQUIREMENTS INCLUDED IN AN AGREEMENT BETWEEN THE
11 EMPLOYER AND A BARGAINING UNIT OR ORGANIZATION REPRESENTING AN
12 EMPLOYEE.
13 Section 2. Administrative enforcement and civil remedy.
14 (a) Complaint.--Any person claiming to be aggrieved by a
15 violation of this act shall file a complaint with the Department
16 of Labor and Industry within six months of the alleged
17 violation. The Department of Labor and Industry shall conduct a
18 hearing in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to
19 practice and procedure of Commonwealth agencies).
20 (b) Complaint not to be foreclosed.--If a person files a
21 complaint with the Department of Labor and Industry, that
22 person's right of action in the courts of this Commonwealth
23 shall not be foreclosed. If within one year after the filing of
24 the complaint, the Department of Labor and Industry has
25 dismissed the complaint or has not concluded its proceedings,
26 the Department of Labor and Industry shall notify the aggrieved
27 person. On receipt of the notice, the aggrieved person shall be
28 able to bring action in the court of common pleas of this
29 Commonwealth. If the employer is an agency or political
30 subdivision of the Commonwealth, then the civil action shall be
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1 filed in Commonwealth Court.
2 Section 3. Relief.
3 (a) General rule.--Upon finding of a violation under section
4 2, the aggrieved party may be granted the following relief:
5 (1) In any civil action or departmental proceeding
6 brought under section 2, the Department of Labor and Industry
7 or a court may grant as relief any permanent or temporary
8 injunction, temporary restraining order and other equitable
9 relief as the Department of Labor and Industry or court deems
10 appropriate.
11 (2) Any employer that violates any provision of this act
12 shall be liable to an injured party in an amount equal to any
13 wages, salary, employment benefits or other compensation
14 denied or lost to the party by reason of the violation, plus
15 legal interest on the total monetary damages.
16 (3) Any employer that violates any provision of this act
17 may also be liable to the injured party in the amount of $100
18 for each day the violation occurs. The maximum penalty
19 imposed under this paragraph shall not exceed $5,000.
20 (4) A prevailing injured party may be awarded a
21 reasonable attorney fee as part of costs, in addition to any
22 relief awarded. Any Commonwealth agency or political
23 subdivision shall be liable for costs the same as a private
24 person.
25 (b) Limitation.--Damages awarded under subsection (a)(2) may
26 not accrue from a date more than two years before the date on <--
27 which the complaint was filed with the Department of Labor and
28 Industry OF THE VIOLATION. <--
29 Section 4. Construction.
30 Nothing in this act shall be construed to supersede any law
19930H0956B1984 - 3 -
1 or contract which provides greater employee rights than the
2 rights established under this act.
3 Section 5. Effective date.
4 This act shall take effect in 60 days.
C10L43JRW/19930H0956B1984 - 4 -