CORRECTIVE REPRINT
PRIOR PRINTER'S NOS. 2693, 3912 PRINTER'S NO. 3966
No. 2150 Session of 1991
INTRODUCED BY VEON, DeWEESE, COHEN, KUKOVICH, KOSINSKI,
MIHALICH, TRELLO, GIGLIOTTI, SALOOM, KRUSZEWSKI, FEE,
LAUGHLIN, BILLOW, ACOSTA, TIGUE, FAJT, VAN HORNE, JOSEPHS,
LEH, FREEMAN, BROUJOS, BELARDI AND RITTER, NOVEMBER 13, 1991
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 29, 1992
AN ACT
1 Prohibiting the dismissal or discipline of employees in certain
2 cases; and providing for a penalty.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 SECTION 1. DEFINITIONS. <--
6 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
7 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
8 CONTEXT CLEARLY INDICATES OTHERWISE:
9 "DISCIPLINE." INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PAY,
10 BENEFITS, PRIVILEGES AND JOB POSITION.
11 "EMPLOYER." DOES NOT INCLUDE A RELIGIOUS CORPORATION,
12 ASSOCIATION OR SOCIETY OR A SCHOOL OPERATED BY SUCH AN ENTITY.
13 Section 1 2. Dismissal or discipline of employee. <--
14 (a) General rule.--An employer may not dismiss or discipline <--
15 an employee for legal behavior conducted away from the place of
16 employment that has no relation to employment.
1 (A) GENERAL RULE.--AN EMPLOYER SHALL NOT DISMISS OR <--
2 DISCIPLINE AN EMPLOYEE BY REASON OF THE PERSON'S USE OF LAWFUL
3 PRODUCTS DURING NONWORKING HOURS OFF THE PREMISES OF THE
4 EMPLOYER OR BY REASONS OF PHYSICAL ATTRIBUTE WHERE IT IS NOT
5 SPECIFICALLY RELATED TO JOB PERFORMANCE.
6 (b) Exception.--Notwithstanding subsection (a), an employer
7 may dismiss or discipline an employee for any behavior that is
8 detrimental to the job requirements or the safety of other
9 employees.
10 (c) Definition.--As used in this section, the term <--
11 "discipline" includes, but is not limited to, loss of pay,
12 benefits, privileges and job position.
13 Section 2. Penalty.
14 (a) Fines.--An employer who violates section 1 commits a
15 misdemeanor punishable by a maximum fine of not more than $1,000
16 for the first offense, $5,000 for a second offense and $10,000
17 for a third or subsequent offense.
18 (b) Separate offense.--Violations against different
19 employees may be considered separate offenses.
20 SECTION 3. ADMINISTRATIVE ENFORCEMENT AND CIVIL REMEDY. <--
21 (A) COMPLAINT.--ANY PERSON CLAIMING TO BE AGGRIEVED BY A
22 VIOLATION OF ANY PROVISION OF THIS ACT SHALL FILE A COMPLAINT
23 WITH THE DEPARTMENT OF LABOR AND INDUSTRY WITHIN SIX MONTHS OF
24 THE ALLEGED VIOLATION. THE DEPARTMENT SHALL CONDUCT A HEARING
25 ACCORDING TO 2 PA.C.S. § 501 ET SEQ. (RELATING TO PRACTICE AND
26 PROCEDURE OF COMMONWEALTH AGENCIES).
27 (B) COMPLAINT NOT TO BE FORECLOSED.--IF A PERSON FILES A
28 COMPLAINT WITH THE DEPARTMENT, THAT PERSON'S RIGHT OF ACTION IN
29 THE COURTS OF THIS COMMONWEALTH SHALL NOT BE FORECLOSED. IF
30 WITHIN ONE YEAR AFTER THE FILING OF THE COMPLAINT, THE
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1 DEPARTMENT HAS DISMISSED THE COMPLAINT OR HAS NOT CONCLUDED ITS
2 PROCEEDINGS, THE DEPARTMENT SHALL NOTIFY THE AGGRIEVED PERSON.
3 ON RECEIPT OF SUCH NOTICE, THE AGGRIEVED PERSON SHALL BE ABLE TO
4 BRING AN ACTION IN THE COURT OF COMMON PLEAS OF THIS
5 COMMONWEALTH BASED ON THIS ACT. IF THE EMPLOYER IS AN AGENCY OR
6 POLITICAL SUBDIVISION OF THE COMMONWEALTH, THEN THE CIVIL ACTION
7 SHALL BE FILED IN THE COMMONWEALTH COURT.
8 SECTION 4. RELIEF.
9 (A) GENERAL RULE.--UPON A FINDING OF A VIOLATION UNDER
10 SECTION 2, THE AGGRIEVED PARTY MAY RECEIVE THE FOLLOWING RELIEF:
11 (1) IN ANY CIVIL ACTION OR DEPARTMENTAL PROCEEDING
12 BROUGHT UNDER SECTION 2, THE COURT MAY GRANT AS RELIEF ANY
13 PERMANENT OR TEMPORARY INJUNCTION, TEMPORARY RESTRAINING
14 ORDER AND OTHER EQUITABLE RELIEF AS THE COURT DEEMS
15 APPROPRIATE.
16 (2) ANY EMPLOYER THAT VIOLATES ANY PROVISION OF THIS ACT
17 SHALL BE LIABLE TO THE INJURED PARTY IN AN AMOUNT EQUAL TO
18 ANY WAGES, SALARY, EMPLOYMENT BENEFITS OR OTHER COMPENSATION
19 DENIED OR LOST TO THE PARTY BY REASON OF THE VIOLATION, PLUS
20 LEGAL INTEREST ON THE TOTAL MONETARY DAMAGES.
21 (3) ANY EMPLOYER THAT VIOLATES ANY PROVISION OF THIS ACT
22 MAY ALSO BE LIABLE TO THE INJURED PARTY IN THE AMOUNT OF $100
23 FOR EACH DAY THE VIOLATION OCCURS. THE MAXIMUM PENALTY
24 IMPOSED UNDER THIS SUBSECTION SHALL NOT EXCEED $5,000.
25 (4) A PREVAILING INJURED PARTY MAY BE AWARDED A
26 REASONABLE ATTORNEY FEE AS PART OF THE COSTS, IN ADDITION TO
27 ANY RELIEF AWARDED. ANY COMMONWEALTH AGENCY OR POLITICAL
28 SUBDIVISION SHALL BE LIABLE FOR COSTS THE SAME AS A PRIVATE
29 PERSON.
30 (B) LIMITATION.--DAMAGES AWARDED UNDER SUBSECTION(A)(2) MAY
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1 NOT ACCRUE FROM A DATE MORE THAN TWO YEARS BEFORE THE DATE ON
2 WHICH THE COMPLAINT WAS FILED WITH THE DEPARTMENT OF LABOR AND
3 INDUSTRY UNDER SECTION 2.
4 SECTION 5. CONSTRUCTION.
5 NOTHING IN THIS ACT SHALL BE CONSTRUED TO SUPERSEDE ANY LAW
6 OR CONTRACT WHICH PROVIDES GREATER EMPLOYEE RIGHTS THAN THE
7 RIGHTS ESTABLISHED UNDER THIS ACT.
8 Section 3 6. Effective date. <--
9 This act shall take effect in 60 days.
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