House File 465 - Introduced HOUSE FILE 465 BY KNIFF MCCULLA and GUSTOFF (COMPANION TO SF 308 BY COMMITTEE ON WORKFORCE) 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 TLSB 1083HH (2) 91 je/js
H.F. 465 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, 35 -1- LSB 1083HH (2) 91 je/js 1/ 4
H.F. 465 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 agencys official duties. 34 7. This section shall not be construed to permit an employee 35 -2- LSB 1083HH (2) 91 je/js 2/ 4
H.F. 465 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 assemblys 5 internet site. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanations 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 35 -3- LSB 1083HH (2) 91 je/js 3/ 4
H.F. 465 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 agencys 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 assemblys 10 internet site. 11 -4- LSB 1083HH (2) 91 je/js 4/ 4