H1329B2468A07011     BIL:JSL  12/06/11     #90        A07011

AMENDMENTS TO HOUSE BILL NO. 1329

Sponsor: REPRESENTATIVE PARKER

Printer's No. 2468

Amend Bill, page 1, line 5, by inserting after

"applicability"

; and providing for protection of workmen

Amend Bill, page 3, by inserting between lines 11 and 12

Section 2.  The act is amended by adding a section to read:

Section 13.1.  Protection of Workmen.--(a)  No contractor or

subcontractor may discharge, threaten or otherwise discriminate

or retaliate against a workman regarding the employe's

compensation, terms, conditions, location or privileges of

employment because the workman exercised his rights under

section 11(b) or 13.

(b)    No contractor or subcontractor may discharge, threaten

or otherwise discriminate or retaliate against an employe

regarding the employe's compensation, terms, conditions,

location or privilege of employment because the employe is

requested by the secretary to participate in an investigation,

hearing or inquiry held by the secretary or in a court action.

(c)  (1)  A workman who alleges a violation of this act may

bring a civil action in a court of competent jurisdiction for

appropriate injunctive relief or damages, or both, within one

hundred eighty days after the occurrence of the alleged

violation.

(2)  It shall be a defense to an action under this section if

the defendant proves by a preponderance of the evidence that the

action by the employer occurred for separate and legitimate

reasons, which are not merely pretextual.

(d)  A court, in rendering a judgment in an action brought

under this act, shall order, as the court considers appropriate,

reinstatement of the employe, the payment of back wages, full

reinstatement of fringe benefits and seniority rights, damages

or a combination of the remedies. A court may also award the

complainant all or a portion of the costs of litigation,

including reasonable attorney fees and witness fees, if the

court determines that the award is appropriate.

Amend Bill, page 3, line 12, by striking out "2" where it

occurs the first time and inserting

 3

Amend Bill, page 3, line 15, by striking out "3" and

inserting

 4