SB396: SB396 Labor and Industrial Relations; retaliatory actions by certain employers against certain employees for disclosing potentially unlawful activities; prohibit

26 LC 44 3291ER Senate Bill 396 By: Senators McLaurin of the 14th, Jones II of the 22nd, Jackson of the 41st, Orrock of the 36th, Sims of the 12th and others A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to1 general provisions regarding labor and industrial relations, so as to prohibit retaliatory2 actions by certain employers against certain employees for disclosing potentially unlawful3 activities; to provide for definitions; to provide for related matters; to repeal conflicting laws;4 and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 1 of Title 34 of the Official Code of Georgia Annotated , relating to general8 provisions regarding labor and industrial relations, is amended by adding a new Code section9 to read as follows:10 "34-1-11.11 (a) As used in this Code section, the term:12 (1) 'Adverse employment action' means an action that a reasonable employee would find13 materially adverse.14 (2) 'Employee' means:15 (A) Any individual permitted to work by an employer unless the individual:16 S. B. 396 - 1 - 26 LC 44 3291ER (i) Has been and will continue to be free from control and dir ection over the17 performance of his or her work, both under his or her contract of service with his or18 her employer and in fact;19 ( i i ) P e r f o r m s w o r k w h i c h i s e i t h e r o u t s i d e t h e u s u a l c o u r s e o f business or is20 performed outside all of the places of business of the employer unless the employer21 is in the business of contracting with parties for the placement of employees; and22 (iii) Is in an independently established trade, occupation, profession, or business; and23 (B) A licensed physician who practices his or her profession, in whole or in part, at a24 hospital, nursing home, clinic, or any medical facility that is a healthcare facility25 funded, in whole or in part, by this state.26 (3) 'Employer' means an individual, sole proprietorship, partnership, firm, corporation,27 association, or any other entity that has one or more employees in this state, including a28 political subdivision of the state; a unit of local government; a school district,29 combination of school districts, or governing body of a joint a greement of any type30 formed by two or more school districts; a community college dis trict, state college or31 university, or any state agency whose major function is providing educational services;32 any authority including a department, division, bureau, board, commission, or other33 agency of these entities; and any person acting within the scope of his or her authority,34 express or implied, on behalf of those entities in dealing with its employees.35 (4) 'Public body' means this state, any officer, board, politi cal subdivision, or36 commission of this state, any institution supported in whole or in part by public funds,37 units of local government, and school districts.38 (5) 'Retaliatory action' means:39 (A) Adverse employment action or the threat of adverse employm ent action by an40 employer or his or her agent to penalize or any nonemployment a ction that would41 dissuade a reasonable worker from disclosing information under this Code section.42 (B) Such term includes, but is not limited to:43 S. B. 396 - 2 - 26 LC 44 3291ER (i) Taking, or threatening to take, any action that would intentionally interfere with44 an employee's ability to obtain future employment or post-termination retaliation to45 intentionally interfere with a former employee's employment; or46 (ii) Contacting, or threatening to contact, United States immigration authorities, or47 otherwise reporting, or threatening to report, an employee's su spected or actual48 citizenship or immigration status or the suspected or actual citizenship or immigration49 status of an employee's family or household member to a federal , state, or local50 agency.51 (C) Such term shall not include:52 (i) Conduct undertaken at the express and specific direction or request of the federal53 government;54 (ii) Truthful, performance related information about an employee or former employee55 provided in good faith to a prospective employer at the request of the prospective56 employer; or57 (iii) Conduct undertaken if specifically required by state or federal law.58 (7) 'Supervisor' means any individual who has the authority to direct and control the59 work performance of the affected employee or any individual who has managerial60 authority to take corrective action regarding a violation of th e law, rule, or regulation61 disclosed by an employee.62 (b)(1) An employer may not take retaliatory action against an employee who discloses63 or threatens to disclose to a public body conducting an investi gation, or in a court, an64 administrative hearing, or any other proceeding initiated by a public body, information65 related to an activity, policy, or practice of the employer, where the employee has a good66 faith belief that the activity, policy, or practice violates a state or federal law, rule, or67 regulation or poses a substantial and specific danger to employ ees, public health, or68 safety.69 S. B. 396 - 3 - 26 LC 44 3291ER (2) An employer may not take retaliatory action against an employee for disclosing or70 threatening to disclose information to a government or law enfo rcement agency71 information related to an activity, policy, or practice of the employer, where the employee72 has a good faith belief that the activity, policy, or practice of the employer violates a state73 or federal law, rule, or regulation or poses a substantial and specific danger to employees,74 public health, or safety.75 (3) An employer may not take retaliatory action against an employee for disclosing or76 threatening to disclose to any supervisor, principal officer, board member, or supervisor77 in an organization that has a contractual relationship with the employer who makes the78 employer aware of the disclosure, information related to an activity, policy, or practice79 of the employer if the employee has a good faith belief that th e activity, policy, or80 practice violates a state or federal law, rule, or regulation o r poses a substantial and81 specific danger to employees, public health, or safety."82 SECTION 2.83 All laws and parts of laws in conflict with this Act are repealed.84 S. 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