PRINTER'S NO. 3252
No. 2340 Session of 2002
INTRODUCED BY FORCIER, METCALFE, SATHER, CAPPELLI, WASHINGTON,
HALUSKA, BELFANTI, BENNINGHOFF, COLEMAN, DALEY, FEESE, GABIG,
GEIST, LEH, PALLONE, PICKETT, ROHRER, R. STEVENSON AND WILT,
FEBRUARY 6, 2002
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 6, 2002
AN ACT
1 Prohibiting certain employers from discriminating against
2 certain employees who exercise their self-defense rights;
3 providing for remedies and for enforcement; and prescribing
4 penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Commonwealth
9 Employees' Right to Self-Defense Act.
10 Section 2. Legislative intent.
11 It is the intent of the General Assembly to restore the
12 rights of Commonwealth employees, guaranteed by both the Second
13 Amendment of the Constitution of the United States and section
14 21 of Article 1 of the Constitution of Pennsylvania, to keep and
15 bear arms in defense of themselves. The protection from adverse
16 employment conditions created by this act shall be broadly
17 construed to effectuate the intent expressed in this section.
18 Section 3. Definitions.
1 The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Employee." A person who performs a service for wages or
5 other remuneration under a contract of hire, written or oral,
6 express or implied, for a public body.
7 "Employer." A person supervising one or more employees,
8 including the employee in question, a superior of that
9 supervisor or an agent of a public body.
10 "Public body." A State officer, agency, department,
11 division, bureau, board, commission, council, authority or other
12 body in the executive branch of State government.
13 "Self-defense rights." The right to carry a firearm
14 concealed on or about one's person or in a vehicle throughout
15 this Commonwealth pursuant to a license to carry a firearm
16 lawfully issued in compliance with 18 Pa.C.S. § 6109 (relating
17 to licenses).
18 Section 4. Protection of employees.
19 No employer may discharge, threaten or otherwise discriminate
20 or retaliate against an employee regarding the employee's
21 compensation, terms, conditions, location or privileges of
22 employment because the employee exercises self-defense rights:
23 (1) on any Commonwealth-owned or leased property;
24 (2) on any location where Commonwealth business is
25 conducted;
26 (3) on any site where an employee is considered to be on
27 duty; or
28 (4) in any Commonwealth vehicle or private vehicle
29 utilized for Commonwealth business.
30 Section 5. Limitations.
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1 The provisions of this act shall not apply to any employee
2 who exercises self-defense rights within a detention facility,
3 correctional institution or mental hospital.
4 Section 6. Remedies.
5 (a) Civil action.--A person who alleges a violation of this
6 act may bring a civil action in a court of competent
7 jurisdiction for appropriate injunctive relief or damages, or
8 both, within 180 days after the occurrence of the alleged
9 violation.
10 (b) Necessary showing of evidence.--An employee alleging a
11 violation of this act must show by a preponderance of the
12 evidence that, prior to alleged reprisal, the employee had
13 exercised self-defense rights.
14 (c) Defense.--It shall be a defense to an action under this
15 section if the defendant proves by a preponderance of the
16 evidence that the action by the employer occurred for separate
17 and legitimate reasons, which are not merely pretextual.
18 (d) Civil service employees.--An employee covered by civil
19 service who contests a civil service action, believing it to be
20 motivated by the employee's exercise of self-defense rights, may
21 submit as admissible evidence in the civil service action any or
22 all material relating to the exercise of self-defense rights and
23 to the resulting alleged reprisal.
24 Section 7. Enforcement.
25 A court in rendering a judgment in an action brought under
26 this act shall order, as the court considers appropriate,
27 reinstatement of the employee, the payment of back wages, full
28 reinstatement of fringe benefits and seniority rights, actual
29 damages or any combination of these remedies. A court may also
30 award the complainant all or a portion of the costs of
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1 litigation, including reasonable attorney fees and witness fees,
2 if the court determines that the award is appropriate.
3 Section 8. Penalties.
4 A person who, under color of an employer's authority,
5 violates this act shall be liable for a civil fine of not more
6 than $500. A civil fine which is ordered under this section
7 shall be paid to the State Treasurer for deposit into the
8 General Fund.
9 Section 9. Effective date.
10 This act shall take effect immediately.
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