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Senate
File
20
-
Introduced
SENATE
FILE
20
BY
SWEENEY
A
BILL
FOR
An
Act
relating
to
disclosure
to
the
general
assembly
of
1
information
concerning
nongovernmental
employers
and
2
providing
remedies.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
2.80
Prohibitions
relating
to
1
disclosure
to
the
general
assembly
——
nongovernmental
employers
2
——
civil
remedies.
3
1.
For
purposes
of
this
section,
“employer”
means
a
person
4
who
employs
an
employee
in
this
state
for
wages.
“Employer”
5
does
not
include
the
state;
any
political
subdivision
of
the
6
state;
or
any
state
or
local
government
official,
officer,
7
district,
institution,
agency,
board,
or
other
body.
8
2.
An
employer
shall
not
do
any
of
the
following:
9
a.
Prohibit
an
employee
from
disclosing
any
information
to
10
a
member
or
employee
of
the
general
assembly
if
the
employee,
11
in
good
faith,
reasonably
believes
the
information
evidences
a
12
violation
of
law
or
rule,
or
a
substantial
and
specific
danger
13
to
public
health
or
safety.
14
b.
Require
an
employee
to
inform
the
employer
that
the
15
employee
made
a
disclosure
of
information
permitted
by
this
16
section.
17
3.
An
employer
shall
not
discharge
from
employment,
demote
18
or
fail
to
promote,
or
take
other
adverse
employment
action
19
against
an
employee
as
a
reprisal
for
any
of
the
following:
20
a.
Disclosure
of
any
information
by
the
employee
to
a
21
member
or
employee
of
the
general
assembly
if
the
employee,
in
22
good
faith,
reasonably
believed
the
information
evidences
a
23
violation
of
law
or
rule,
or
a
substantial
and
specific
danger
24
to
public
health
or
safety.
25
b.
Failure
by
the
employee
to
inform
the
employer
that
the
26
employee
made
a
disclosure
of
information
permitted
by
this
27
section.
28
4.
Subsections
2
and
3
are
inapplicable
if
any
of
the
29
following
apply:
30
a.
Disclosure
of
the
information
is
prohibited
by
statute.
31
b.
The
employee
uses
deception
on
a
matter
that
would
32
reasonably
result
in
a
denial
of
access
to
a
place
of
33
employment
that
is
not
open
to
the
public,
with
the
intent
to
34
cause
physical
or
economic
harm
to
any
operations,
personnel,
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equipment,
buildings,
premises,
business
interests,
or
customer
1
of
the
employer,
and
through
such
deception
gains
access
to
the
2
place
of
employment.
3
c.
The
employee
uses
deception
on
a
matter
that
would
4
reasonably
result
in
a
denial
of
opportunity
to
be
employed,
5
with
the
intent
to
cause
physical
or
economic
harm
or
other
6
injury
to
the
operations,
personnel,
equipment,
buildings,
7
premises,
business
interests,
or
customers
of
the
employer,
and
8
through
such
deception
is
so
employed.
9
5.
Subsection
3
may
be
enforced
through
a
civil
action.
10
When
an
employer
commits,
is
committing,
or
proposes
to
commit
11
an
act
in
violation
of
subsection
3,
an
aggrieved
employee
may
12
bring
an
action
for
injunctive
relief
in
district
court
to
13
prohibit
the
employer
from
engaging
in
such
acts.
An
employer
14
who
violates
subsection
3
is
liable
to
an
aggrieved
employee
15
for
affirmative
relief
including
reinstatement,
with
or
without
16
back
pay,
civil
damages
in
an
amount
not
to
exceed
three
17
times
the
annual
wages
and
benefits
received
by
the
aggrieved
18
employee
prior
to
the
violation
of
subsection
3,
and
any
19
other
equitable
relief
the
court
deems
appropriate,
including
20
attorney
fees
and
costs.
21
6.
If
an
employee
makes
a
disclosure
of
information
to
22
a
member
or
employee
of
the
general
assembly
permitted
by
23
this
section,
such
disclosure,
any
information
disclosed,
24
and
any
communication
between
the
employee
and
the
member
or
25
employee
of
the
general
assembly
relating
to
the
disclosure
26
are
confidential.
The
employee
or
the
member
or
employee
of
27
the
general
assembly
shall
not
be
compelled
to
disclose
such
28
matters
under
chapter
22
or
any
other
provision
of
law
and
29
cannot
be
examined
as
to
such
matters
under
section
622.11.
30
The
employee
or
the
member
or
employee
of
the
general
assembly
31
may
choose
to
provide
information
disclosed
as
permitted
by
32
this
section
to
a
law
enforcement
agency
or
other
government
33
agency
for
use
in
the
agency’s
official
duties.
34
7.
This
section
shall
not
be
construed
to
permit
an
employee
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to
retaliate
against
an
employer
by
neglecting
job
duties,
1
violating
employer
rules,
or
engaging
in
actions
that
would
2
otherwise
result
in
employee
misconduct.
3
8.
The
legislative
services
agency
shall
post
a
notice
4
of
the
provisions
of
this
section
on
the
general
assembly’s
5
internet
site.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
disclosure
to
the
general
assembly
of
10
information
concerning
nongovernmental
employers.
11
The
bill
provides
that
an
employer,
as
defined
in
the
bill,
12
cannot
prohibit
an
employee
from
disclosing
any
information
to
13
a
member
or
employee
of
the
general
assembly
if
the
employee,
14
in
good
faith,
reasonably
believes
the
information
evidences
15
a
violation
of
law
or
rule,
or
a
substantial
and
specific
16
danger
to
public
health
or
safety.
The
employer
additionally
17
cannot
require
an
employee
to
inform
the
employer
that
the
18
employee
made
such
a
disclosure.
The
bill
further
prohibits
19
the
employer
from
discharging
from
employment,
demoting
or
20
failing
to
promote,
or
taking
other
adverse
employment
action
21
against
an
employee
as
a
reprisal
for
such
actions.
The
bill
22
specifies
that
these
provisions
do
not
apply
when
disclosure
of
23
information
by
an
employee
is
required
by
statute
or
when
the
24
employee
engages
in
certain
deceptive
actions.
25
An
employee
may
enforce
the
prohibition
on
adverse
26
employment
action
through
a
civil
action.
An
aggrieved
27
employee
may
seek
injunctive
relief.
An
employer
who
violates
28
the
prohibition
is
liable
to
an
aggrieved
employee
for
29
affirmative
relief
as
provided
in
the
bill.
30
If
an
employee
makes
a
permitted
disclosure
of
information
31
to
a
member
or
employee
of
the
general
assembly,
such
32
disclosure,
any
information
disclosed,
and
any
communication
33
between
the
employee
and
the
member
or
employee
of
the
general
34
assembly
relating
to
the
disclosure
are
confidential.
Such
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matters
are
not
subject
to
compelled
disclosure
under
any
1
provision
of
law.
The
employee
or
the
member
or
employee
2
of
the
general
assembly
may
choose
to
provide
information
3
disclosed
as
permitted
by
the
bill
to
a
law
enforcement
agency
4
or
other
government
agency
for
use
in
the
agency’s
official
5
duties.
6
The
bill
shall
not
be
construed
to
permit
an
employee
to
7
retaliate
against
an
employer.
8
The
bill
requires
the
legislative
services
agency
to
post
a
9
notice
of
the
provisions
of
the
bill
on
the
general
assembly’s
10
internet
site.
11
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