AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, <-in child protective services, further 
3providing for persons required to report suspected child 
4abuse; and providing for protection from employment
5discrimination.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

<-8Section 1. Title 23 of the Pennsylvania Consolidated
9Statutes is amended by adding a section to read:

<-10Section 1. Section 6311(d) of Title 23 of the Pennsylvania
11Consolidated Statutes is amended to read:

12§ 6311. Persons required to report suspected child abuse.

13* * *

14[(d) Civil action for discrimination against person filing
15report.--Any person who, under this section, is required to
16report or cause a report of suspected child abuse to be made and
17who, in good faith, makes or causes the report to be made and,

1as a result thereof, is discharged from his employment or in any
2other manner is discriminated against with respect to
3compensation, hire, tenure, terms, conditions or privileges of
4employment, may commence an action in the court of common pleas
5of the county in which the alleged unlawful discharge or
6discrimination occurred for appropriate relief. If the court
7finds that the person is an individual who, under this section,
8is required to report or cause a report of suspected child abuse
9to be made and who, in good faith, made or caused to be made a
10report of suspected child abuse and, as a result thereof, was
11discharged or discriminated against with respect to
12compensation, hire, tenure, terms, conditions or privileges of
13employment, it may issue an order granting appropriate relief,
14including, but not limited to, reinstatement with back pay. The
15department may intervene in any action commenced under this
16subsection.]

17Section 2. Title 23 is amended by adding a section to read:

18§ <-6379.1 6320. Protection from employment discrimination.

19(a) Basis for relief.--A person may commence an action for
20appropriate relief if all of the following apply:

21(1) The person is required to report under section 6311
22(relating to persons required to report suspected child
23abuse) or encouraged to report under section 6312 (relating
24to persons encouraged to report suspected child abuse).

25(2) The person acted in good faith in making or causing
26the report of suspected child abuse to be made.

27(3) As a result of making the report of suspected child
28abuse, the person is discharged from employment or is
29discriminated against with respect to compensation, hire,
<-30tenure, terms, conditions or privileges of employment. This

<-1tenure, terms, conditions or privileges of employment.

2(b) Applicability.--This section does not apply to an
3individual making a report of suspected child abuse who is found
4to be a perpetrator because of the report or to any individual
5who fails to make a report of suspected child abuse as required
6under section 6311 (relating to persons required to report
7suspected child abuse) and is subject to conviction under
8section <-6379 6319 (relating to penalties) for failure to report
9or to refer.

<-10(b) (c) Location.--An action under this section must be
11filed in the court of common pleas of the county in which the
12alleged unlawful discharge or discrimination occurred.

<-13(c) (d) Relief.--Upon a finding in favor of the plaintiff,
14the court may grant appropriate relief, which may include
15reinstatement of the plaintiff with back pay.

<-16(d) (e) Departmental intervention.--The department may
17intervene in an action commenced under this section.

<-18Section 2. This act shall take effect January 1, 2014.

<-19Section 3. This act shall take effect December 31, 2014.