2012 Employment Discrimination Legislation

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Summary
During the 2012 legislative session, 36 employment-related discrimination bills were enacted in 21 states, the District of Columbia and Puerto Rico.  Summaries of enacted bills are shown below.

Employment-related discrimination bills were considered in 38 states, D.C., and Puerto Rico during the 2012 legislative session. Summaries of introduced and enacted legislation are listed below.
 



2012 Enacted Employment Discrimination Bills

Arizona passed two employment discrimination laws during the 2012 session. The first permits employees to contribute or refuse to contribute dues, fees or other employee funds for campaign contributions for political purposes and prohibits employer retaliation based on such refusal or contribution. The second prohibits universities or community colleges from making employment decisions based on a faculty member or proposed faculty member’s political beliefs. (HB 2394, HB 2770)
 
California enacted six employment-related discrimination laws during the 2012 session. The Governor signed five of them into law and vetoed one, which sought to prohibit hiring discrimination against the unemployed. The signed bills included measures to require employers to accommodate religious beliefs or practices of employees unless to do so would constitute an undue hardship for the employer, prohibit discrimination against breastfeeding workers, and prohibit employment actions against workers reporting a violation of the false claims act. Two additional signed bills creates the Dept. of Human Resources and transfers some duties from the State Personnel Board to the new department. (AB 1450, AB 1964, AB 2386, AB 2492, SB 1308, SB 1309)
 
Colorado passed a law preventing state agencies from inquiring about an applicant’s criminal history unless they are a finalist for a job opening or unless a conditional offer of employment has been made. (HB 1263)
 
The District of Columbia enacted a law which prohibits hiring discrimination based on a person’s current employment status or unemployment. (B 486)
 
Florida amended its Drug Free Workplace Act to require periodic and random drug testing of state employees. (HB 1205)
 
Georgia enacted a law providing protection against retaliation against an employee who reports a violation of law under the state’s False Claims Act. (HB 822)
 
Illinois passed two laws during the 2012 session. The first amended the state’s False Claims Act and provided civil relief for employment discrimination in retaliation for reporting a violation of law. The second bill was vetoed by the Governor; it would have exempted hospitals or health care facilities providing cancer treatment from discrimination prohibitions against workers who lawfully use tobacco products. (HB 4190, SB 2945)
 
Indiana enacted a law barring an employer from asking an employee, contract employee, or applicant whether the person's criminal records have been sealed or restricted and making violation of the law a Class B infraction. (HB 1033)
 
Louisiana passed a law that prohibits being disqualified or ineligible to practice a licensed trade or profession solely because of a prior criminal record, unless the criminal conviction relates directly relates to the position being sought. (HB 295)
 
Maryland enacted a bill that prohibits employers from discriminating against employees called to jury service, by limiting the work shifts an employee may be required to work if they served more than four hours on jury duty, including travel time. (SB 16)
 
Missouri enacted a bill to revise current law that says discrimination may be contributing factor to consider in cases brought under the state’s discrimination laws and instead established a standard that discrimination must be a motivating factor in such cases. The bill was vetoed by the Governor.  (HB 1219)
 
Nebraska passed a law adding state emergency response team members to the list of volunteer emergency workers entitled to job protection while serving in an emergency capacity.  (LB 1005)
 
New Jersey passed three bills, two of which were vetoed by the Governor. The bill that was signed into law requires employers to post notification in the workplace detailing the right to be free of gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment. (AB 2647) The vetoed bills would have addressed employer retaliation under the state’s whistleblower act and would have it a new case of employment discrimination in payment of wages or benefits each time compensation was paid. (AB 2648, AB 2650) The legislature is considering the Governor’s recommendations on both vetoed measures, which remain active as carry-over bills for the 2013 legislative session.
 
Oregon enacted two new employment laws.  The first requires the Commissioner of Bureau of Labor and Industries to inform the Director of Veterans' Affairs upon receipt of a complaint of employment discrimination by a member of the military called to active duty. (HB 4064) The second prohibits publication of job vacancy ads that limit applicants to persons who are not currently unemployed. (SB 1548)
 
Puerto Rico passed two laws, one of which was pocket-vetoed by the Governor. The bill signed into law added military or veteran status to the territory’s employment discrimination law. (SB 2160) The vetoed measure required ongoing training for government officials on the merit principle. (SB 1154)
 
Rhode Island amended several provisions of the general laws regarding the payment of wages and providing for hearings and penalties. The bills also adds employee misclassification as a violation of law. (HB 7509 and SB 2422)
 
South Carolina enacted a law changing the procedures for investigating occupational health and safety complaints. Former law required the state labor department to forward all complaints to the federal whistleblower program. The amended law requires only complaints of specific sections of law to be forwarded and the remaining complaints to be investigated at the state level. (SB 1340)
 
Tennessee enacted two employment discrimination measures. The first provides protection and remedies for whistleblowers under the Tenncare and Medicaid False Claims Act. (HB 2378)  The second establishes a new state personnel system for executive branch employees, including protections against discrimination based on political beliefs or affiliations. (HB 2384)
 
Utah amended the Securities Fraud Reporting Program Act to modify exemptions from protections for adverse employment actions for lawful reporting of suspected securities fraud and adjusted award amounts. (SB 90)
 
Vermont passed a law prohibiting the use of credit information for employment or hiring purposes. The bill also included provisions that recipients of state grants will not use the fund to interfere with or restrain an employee’s rights to union organizing. (SB 95)
 
Washington passed a law providing for whistleblower protections for workers in the conveyance industry, for installation and maintenance of conveyances such as elevators, lifts, escalators and moving sidewalks. (SB 5412)
 
Wisconsin enacted a law eliminating the awarding of compensatory and punitive damages in cases of employment discrimination and limiting damages to back pay, court costs and attorney fees. (SB 202)


2012 Introduced and Enacted Employment Discrimination Bills

(Summaries by StateNet, from official bill descriptions provided by the states. The list includes active carry-over bills from 2011.)

ALABAMA
AL H 26        Todd (D)
Title:               Discrimination in Hiring
Summary:     Prohibits discrimination against state employees and teachers in hiring practices.
02/07/2012   To House Committee on Judiciary.
 
AL H 209      Ford C (D)
Title:               Firearms and Ammunition
Summary:     Prohibits public or private employers from requiring an applicant for employment or an employee to disclose information about whether the applicant or employee owns, possesses, uses, or transports a firearm or ammunition. Prohibits public or private employers from conditioning employment upon an agreement that the applicant forego any rights related to the lawful ownership, possession, storage, transportation, or use of a firearm or ammunition under certain conditions.
02/07/2012   To House Committee on Commerce and Small Business.

ARIZONA
AZ H 2394    McLain (R)
Title:               Unlawful Campaign Contributions
Summary:     Regulates contributions by insurance producers and their families; relates to required contributions as a condition of employment or for membership in a labor organization; regulates contracts and solicitation of voluntary contributions by insurance companies.
03/27/2012   Signed by Governor. Chapter No. 98
 
AZ H 2770    Forese (R)
Title:               University Faculty Political Beliefs
Summary:     Provides that a university or community college shall take into account a faculty member's competence and knowledge in the field of expertise in order to foster a learning environment that respects a plurality of methodologies and perspectives. Provides that a university or community college shall not make employment decisions on the basis of a member's political or religious beliefs or exclude such member from tenure, search committees or hiring committees.
04/04/2012   Signed by Governor. Chapter No. 177
 
AZ H 2784    Patterson (I)
Title:               Public Employees Disclosure Protection
Summary:    Prohibits reprisal against an employee who participates in a court action, an investigation, a hearing or an inquiry that is held by a public body on a matter of public concern, communicates the findings of a scientific report that the employee reasonable believes to be truthful and accurate, including reports to a governmental body or law enforcement official.
02/08/2012   To House Committees on Employment and Regulatory Affairs, Government, and Rules.
 
AZ S 1493     Gallardo (D)
Title:               Employment Discrimination
Summary:    Provides that it is an unlawful employment practice for an employer to refuse to hire, segregate or to discharge any individual or otherwise to discriminate against any individual with respect to the individual's compensation, terms, conditions or privileges of employment because of the individual's gender, gender identity or expression or sexual orientation.
01/31/2012   To Senate Committees on Commerce and Energy, and Rules.

CALIFORNIA
CA A 1197    Hill (D)
Title:               Whistleblower Protection
Summary:     Requires the Public Utilities Commission to establish a comprehensive whistleblower protection program to protect public utility employees, former employees, and third-party contractors and subcontractors from retaliation for bring information to the commission or other public entities regarding, but not limited to, safety issues.
02/01/2012   Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
 
CA A 1450    Allen (D)
Title:               Employment: Discrimination: Status as Unemployed
Summary:     Makes it unlawful for an employer, an employment agency, or a person who operates an Internet website to publish an advertisement or announcement for any job in the state that includes provisions pertaining to an individual's current employment or employment status, subject to civil penalties. Provides that the failure to comply may be grounds for canceling, terminating, or suspending a contract, and debarring the contractor from future state agency contracts for a specified period.
09/30/2012   Vetoed by Governor.
 
CA A 1740    Perez V (D)
Title:               Employment Discrimination: Victims
Summary:     Extends protections in existing law to victims of stalking. Prohibits an employer from discharging or discriminating or retaliation against an employee because of the employee's status as a victim of domestic violence, sexual assault, or stalking. Requires an employer to provide reasonable accommodations for such a victim.
05/25/2012   In Assembly Committee on Appropriations: Held in committee.
 
CA A 1964    Yamada (D)
Title:                Discrimination in Employment: Reasonable Accommodations
Summary:     Amends the Fair Employment and Housing Act that requires an employer or other covered entity to reasonably accommodate the religious belief or observance of an individual unless the accommodation would be an undue hardship on the employer. Includes a religious dress practice or a religious grooming practice as a belief or observance as covered against religious discrimination. Specifies that a related accommodation that requires a person to be segregated is not a reasonable accommodation.
09/08/2012   Signed by Governor. Chaptered by Secretary of State. Chapter No. 287
 
CA A 1999    Brownley (D)
Title:               Employment: Family Caregiver Status Protection
Summary:    Includes family caregiver status as an additional basis upon which the right to seek, obtain, and hold employment cannot be denied.
08/16/2012   In Senate Committee on Appropriations: Held in committee.
 
CA A 2386    Allen (D)
Title:               Employment and Housing Discrimination: Sex: Breastfeeding
Summary:     Amends the State Fair Employment and Housing Act that states it is unlawful to engage in specified discriminatory practices in employment or housing accommodations on the basis of sex. Provides that, for purposes of the act, the term sex also includes breastfeeding or medical conditions related to breastfeeding.
09/28/2012   Signed by Governor. Chaptered by Secretary of State. Chapter No. 701
 
CA A 2492    Blumenfield (D)
Title:               The False Claims Act
Summary:     Relates to the submission to the state or a political subdivision of the state, a false claim for money, property or services. Increases the civil penalty for each violation. Authorizes a court to award a person who planned and initiated a violation, a share of the proceeds of the action. Provides relief to any employee that is discharged, demoted, suspended or in any other manner discriminated against.
09/27/2012   Signed by Governor. Chaptered by Secretary of State. Chapter No. 647
 
CA A 2543    Alejo (D)
Title:               Public Safety Officers Procedure Bill of Rights: Brady
Summary:     Prohibits a public agency from taking punitive action against a public safety officer, or denying promotion on grounds other than merit, because that officer's name is on the Brady list. Provides the agency may take punitive or personnel action against the officer based on any underlying acts or omissions. Prohibits use of evidence of an officer's name in an administrative appeal regarding an officer and a public agency, but authorizes use under certain conditions.
07/03/2012   In Senate Committee on Public Safety: Failed passage. Reconsideration granted.
 
CA A 2700    Assembly Accountability and Administrative Review Committee
Title:               Whistleblower Protection
Summary:     Authorizes a state employee or an applicant for state employment who files a written complaint with his or her supervisor, manager, or appointing power alleging certain improper acts to also file a copy of the complaint with the State Personnel board. Imposes specified fines and penalties on a person who intentionally engages in specified improper acts against a state employee or an applicant for state employment who has made a protected disclosure.
04/24/2012   Introduced.
 
CA S 129       Leno (D)
Title:               Medical Marijuana: Patients and Primary Caregivers
Summary:     Amends existing law, the Compassionate Use Act of 1996, and existing law that requires the State Department of Public Health to establish and maintain a voluntary program for the issuance of identification cards to patients qualified to use marijuana for their personal medical purposes. Makes it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment based upon the person's status as a qualified patient or a positive drug test for marijuana.
02/01/2012   Died on Inactive File.
 
CA S 1308    Senate Public Employment and Retirement Committee
Title:               State Human Resources Functions
Summary:     Creates the Department of Human Resources. Vests the Department with the duties, purposes, responsibilities, and jurisdiction exercised by the State Personnel Board. Abolishes the Department of Personnel Administration. Eliminates certain functions of the board relating to investigating and hearing complaints of discrimination in the civil service. Authorizes the Department to establish disciplinary criteria applicable to adverse actions. Relates to disciplinary proceedings.
09/27/2012   Signed by Governor. Chaptered by Secretary of State. Chapter No. 665
 
CA S 1309    Negrete McLeod (D)
Title:               Human Resources
Summary:     Vests the Department of Human Resources with specified powers, duties, and authorities necessary to operate the state civil service system in accordance with the Constitution, statutory law, the merit principle, and applicable rules duly adopted by the State Personnel Board. Transfers certain functions and duties from the responsibility of the board to the Department of Human Resources. Prohibits employment discrimination based on his or her physical or mental disability, or medical condition.
09/17/2012   Signed by Governor. Chaptered by Secretary of State. Chapter No. 360

COLORADO
CO H 1134   Pabon (D)
Title:               Job Discrimination Against Unemployed
Summary:     Concerns a prohibition against advertising a job vacancy that requires an applicant to be currently employed.
01/20/2012   Introduced.
01/20/2012   To House Committee on Economic and Business Development: Postponed indefinitely.
 
CO H 1263   Levy (D)
Title:               Employment Criminal Records
Summary:     Reduces barriers to employment for people with criminal records; specifies that an agency may not, unless a statute prohibits a person convicted of a specific crime from serving in the position, indicate that a person with a criminal record may not apply; prohibits inquiring or determining the applicant's criminal history until a conditional offer of employment is made; specifies the factors the hiring agency must consider if the applicant has a criminal conviction; specifies criteria for licensure.
05/29/2012   Signed by Governor.
06/05/2012   Session Law Chaptered. Chapter No. 233
 
CO S 3           Carroll M (D)
Title:               Employer Permissible Use of Consumer Credit Information
Summary:     Concerns the use of consumer credit information by employers; prohibits an employer's use of consumer credit information for employment purposes if the information is unrelated to the job; requires an employer to disclose to an employee or applicant when the employer uses the employee's consumer credit information to take adverse action against him or her; authorizes an employee aggrieved by a violation to bring suit for an injunction, damages or both; requires enforcement.
03/19/2012   From House Committee on Local Government: Postponed indefinitely.
 
CO S 100       Neville (R)
Title:               Labor Union Participation Discrimination
Summary:     Concerns the prohibition of discrimination against employees based on labor union participation.
01/25/2012   To Senate Committee on Business, Labor and Technology: Postponed indefinitely.

CONNECTICUT
CT H 5199    Joint Committee on Labor and Public Employees
Title:               Discriminatory Hiring Practices
Summary:     Prevents discrimination of unemployed individuals in employment advertisements and in hiring for employment positions.
03/20/2012   Failed Joint Favorable deadline.
 
CT S 79         Joint Committee on Commerce
Title:               Discriminatory Hiring Practices
Summary:     Prevents discrimination of unemployed individuals in employment advertisements and in hiring for employment positions.
05/01/2012   Passed Senate. To House. House Calendar No. 486.

DELAWARE
DE H 355      Heffernan (D)
Title:               Volunteer Emergency Responders Job Protection Act
Summary:     Establishes the Volunteer Emergency Responders Job Protection Act. Prohibits an employer from terminating or taking any other disciplinary action against an employee who is a volunteer emergency responder if such employee, when acting as a voluntary emergency responder, is absent from his or her place of employment for a Governor-declared State of Emergency lasting up to seven days or a President-declared National Emergency lasting up to 14 days, or an injury sustained as a volunteer emergency responder.
06/05/2012   To House Committee on Public Safety and Homeland Security.
 
DE HCR 29  Johnson S (D)
Title:               Equal Employment for the Blind
Summary:     Recognizes the Division for the Visually Impaired and promotes equal employment opportunity in hiring by the State of Delaware for blind and visually impaired individuals.
01/24/2012   Passed House. To Senate.
01/26/2012   Passed Senate.
 
DE SCR 47   Henry (D)
Title:               Workplace Bullying
Summary:     Establishes the Workplace Bullying Task Force to examine the issues of workplace bullying.
06/27/2012   Laid on table. Removed from table. Passed Senate. To House.

DISTRICT OF COLUMBIA
DC B 486      Brown K (D)
Title:               Unemployed Anti Discrimination Amendment
Summary:     (Permanent Law) Relates to the Unemployed Anti-Discrimination Amendment Act of 2011; prohibits discrimination in employment on the basis of an individual's status or history of unemployment.
05/31/2012   In Congress. Passed Congressional Review Period. Assigned Law Number 132

FLORIDA
FL H 247       Randolph (D)
Title:               Prohibited Discrimination
Summary:     Prohibits discrimination based on sexual orientation and gender identity or expression; defines terms; substitutes references to disability for references to handicap; revises and conforms terminology.
03/09/2012   In House. Died in committee.
 
FL H 303       Rogers (D)
Title:               Employment Practices
Summary:     Prohibits use of job applicant's personal credit history as hiring criterion; provides exception.
03/09/2012   In House. Died in committee.
 
FL H 815       Reed (D)
Title:               Fair Employment Opportunity Act
Summary:     Creates "Fair Employment Opportunity Act.” Prohibits employer from refusing to consider or offer employment because person is or was unemployed. Prohibits advertisement or announcement which states or indicates that unemployed person is disqualified. Prohibits employer from directing or requesting employment agency to take person's status as unemployed into account.
03/09/2012   In House. Died in committee.
 
FL H 1205    Smith J (R)
Title:               Drug Free Workplace Act
Summary:     Requires drug testing to be conducted within each agency's appropriation. Removes a provision requiring drug testing; permits random testing; revises provisions concerning limitations on employer discharge or discipline of, or discrimination against, an employee on the basis of a positive drug test; sets forth requirements for the referral of an employee to an employee assistance program or alcohol and drug rehabilitation program.
03/19/2012   Signed by Governor.
03/20/2012   Filed as Chapter No. 2012-8
 
FL S 340        Rich (D)
Title:               Competitive Workforce Act
Summary:     Revises provisions to include sexual orientation and gender identity or expression as impermissible grounds for discrimination. Revises provisions to include sexual orientation and gender identity or expression as impermissible grounds for discrimination in public lodging establishments and public food service establishments.
03/09/2012   In Senate. Died in committee.
 
FL S 518        Rich (D)
Title:               Fair Employment Opportunity Act
Summary:     Ceates the "Fair Employment Opportunity Act.” Prohibits an employer from refusing to consider for employment, or refusing to offer employment to, a person because the person is or was unemployed; prohibits an employer from publishing in print, on the Internet, or in any other medium an advertisement or announcement for a job which states or indicates that an unemployed person is disqualified from consideration for the job.
03/09/2012   In Senate. Died in committee.
 
FL S 664        Smith (D)
Title:               Background Screening
Summary:    Prohibits a person from being disqualified from employment providing personal treatment, counseling, or other services to persons who have been convicted of a criminal offense solely on the basis of inability to qualify due to prior criminal history.
03/09/2012   In Senate. Died in committee.
 
FL S 1356     Detert (R)
Title:               Employment Practices
Summary:     Prohibits an employer from using a job applicant's credit report or credit history to make certain hiring, compensation, or other employment decisions. Provides specific situations where an employer may use such information. Provides exemptions for certain types of employers, remedies for aggrieved persons, attorney fees and court costs and provides for a plaintiff to post a bond in certain situations.
03/09/2012   In Senate. Died in committee.
 
FL S 1358     Hays (R)
Title:               Drug Free Workplace Act
Summary:     Removes the definition of the term "safety-sensitive position" and defining the term "random testing.” Authorizes an agency within state government to conduct random drug testing every three months. Removes provisions prohibiting a state agency from discharging or disciplining an employee under certain circumstances based on the employee's first positive confirmed drug test.
03/08/2012   In Senate. Substituted on Senate floor by H1205 In Senate. Laid on table, refer to H1205
 
FL S 1436     Braynon (D)
Title:               Abusive Workplace Environment Act
Summary:     Prohibits a public employer from subjecting his or her employee to an abusive workplace environment.
03/09/2012   In Senate. Died in committee.

GEORIGA
GA H 822      Lindsey (R)
Title:               Taxpayer Protection False Claims Act
Summary:     Enacts the State Taxpayer Protection False Claims Act; revises the State False Medicaid Claims Act to change the elements of false or fraudulent Medicaid claims. Redirects proceeds from the Indigent Care Trust Fund, repeals provisions related to employee discrimination by an employer while an employee pursues a civil action under the State False Claims Act and provides remedies.
04/16/2012   Signed by Governor. Act No. 591

HAWAII
HI H 341       Takumi (D)
Title:               Employment Practices
Summary:     Makes it an unlawful practice for any employer or labor organization to bar or discharge from employment, withhold pay from, or demote an employee solely because the employee uses accrued and available sick leave.
04/12/2012   In House. House disagreed to Senate amendments.
 
HI H 2283    Mizuno (D)
Title:               Employee Domestic Violence Status
Summary:     Prohibits employment discrimination on the basis of victim of domestic violence status.
02/03/2012   In Committee: Measure Deferred.
 
HI S 2202     Hee (D)
Title:               Employment Discrimination
Summary:     Prohibits any employer or employment agency from publishing a job advertisement that states or suggests that an applicant for the job must be currently employed.
03/08/2012   Subsequent referral set for: House Committee on Finance.
 
HI S 2294     Gabbard (D)
Title:               Separation Between Church and State
Summary:     Clarifies the separation between church and state in terms of Civil Rights Commission investigations, hiring, public accommodation, and rental housing practices.
01/23/2012   To Senate Committee on Judiciary and Labor.
 
HI S 2571     Ihara (D)
Title:               Domestic Relations
Summary:     Amends various statutory provisions to reconfirm and clarify the original intent of Act 1 (2011) that civil union partners shall have all the same rights, benefits, protections, and responsibilities under law as are granted to those who contract, obtain a license, and are solemnized pursuant to chapter 572> Makes various housekeeping amendments to assist with the implementation and interpretation of Act 1, including with respect to public employee benefits as property held as tenants by the entity.
03/23/2012   To House Committee on Finance.

ILLINOIS
IL H 4190     Williams A (D)
Title:               Civil Actions for False Claims
Summary:     Amends the state False Claims Act. Provides that certain false claim actions must, unless opposed by the State, be dismissed by the court if substantially the same allegations or transactions as alleged in the action were publicly disclosed. Redefines original source. Provides that a civil action for relief from retaliatory actions may not be brought more than three years after the date when the retaliation occurred.
08/17/2012   Signed by Governor. Public Act No. 978
 
IL H 4432     Madigan (D)
Title:               Right To Privacy in the Workplace Act
Summary:     Amends the Right to Privacy in the Workplace Act; makes a technical change in a section concerning prohibited inquiries.
03/30/2012   Rereferred to House Committee on Rules.
 
IL H 5713     Ford (D)
Title:               Right To Privacy in the Workplace Act
Summary:     Amends the Right to Privacy in the Workplace Act. Provides that it is unlawful for any employer to ask any prospective employee to provide any username, password, or other related account information in order to gain access to a social networking website where that prospective employee maintains an account or profile.
02/16/2012   To House Committee on Rules.
 
IL S 68           Silverstein (D)
Title:               Human Rights Act
Summary:     Amends the Human Rights Act. Provides that the employment discrimination Article of the Act applies to domestic workers; amends the Minimum Wage Law. Provides that the overtime provisions of the Law apply to domestic workers. Amends the One Day Rest In Seven Act: Provides that every person employed as a domestic worker shall be allowed at least 24 consecutive hours of rest in every calendar week. Provides that a domestic worker may voluntarily agree to work on such day of rest.
07/02/2012   Rule 3-9(b)/ Re-referred to Assignments Committee.
 
IL S 2945      Duffy (R)
Title:               Smoke Free Act and Right To Privacy in the Workplace
Summary:     Amends the Right to Privacy in the Workplace Act to exempt from certain prohibitions against discrimination any for-profit employer that, as its sole business purpose or objective, provides medical or hospital treatment to patients who have a cancerous conditions and that refuses to hire or discharges any individual, or otherwise disadvantages any individual, with respect to compensation or terms of employment because the individual uses any of certain tobacco products.
08/17/2012   Vetoed by Governor.
11/14/2012   In Senate. Placed on Calendar Total Veto 11/27/2012.

INDIANA
IN H 1033     McMillin (R)
Title:               Conversion of Class D Felony to Class A Misdemeanor
Summary:     Permits a court to convert a Class D felony to a Class A misdemeanor if the person is not a sex or violent offender, the offense was a non-violent offense and at least three years have passed since the person completed the sentence and the person has not been convicted of a new felony. Provides that an employer may not ask an employee or applicant whether their criminal records have been sealed or restricted.
03/15/2012   Signed by Governor.
03/16/2012   Public Law No. 69
 
IN H 1105     McClain (R)
Title:               Employees Right To Work
Summary:     Makes it a Class A misdemeanor for an employer to require an individual to: become or remain a member of a labor organization, pay dues, fees, or other charges to a labor organization or pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment.
01/04/2012   To House Committee on Employment, Labor and Pensions.
 
IN S 91          Gard (R)
Title:               Tobacco Use By Job Applicants
Summary:     Permits an employer to consider tobacco use by job applicants in the hiring process.
01/04/2012   To Senate Committee on Pensions and Labor.
 
IN S 205        Breaux (D)
Title:               Employment Status of Employment Applicants
Summary:     Provides: that an employer may not publish an advertisement for an employment vacancy that states that qualification for the employment position includes current employment by the applicant. Provides for civil penalty enforcement by the department of labor. Provides that: an employer may not discriminate against an applicant or a prospective applicant for employment.
01/04/2012   To Senate Committee on Pensions and Labor.
 
IN S 369        Mrvan (D)
Title:               Vote Fraud and Employment
Summary:    Provides that a person who is convicted of any of certain offenses relating to voting is prohibited from being employed by the state or a county, municipality, or township for three years, unless the sentencing court finds that the person committed the offense because the person reasonably feared employment related retaliation.
01/09/2012   To Senate Committee on Pensions and Labor.

IOWA
IA H 2140     Gaskill (D)
Title:               Employment Discrimination
Summary:     Prohibits employment discrimination based on an individual's status as unemployed. Defines status as unemployed as an individual who, at the time of application for employment or at the time of an alleged violation, does not have a job, is available for work, and is searching for work. Provides that the Iowa civil rights commission is charged with administration of the bill via existing procedures for employment discrimination complaints.
01/27/2012   To House Committee on Labor.
 
IA H 2281     Kelley Da (D)
Title:               Discriminatory Employment Practices
Summary:     Prohibits discriminatory employment practices based upon a person's credit score or homeowner status. Defines consumer reporting agency, credit report, credit score, and homeowner status. Concerns penalty provisions for discriminatory employment practices are made applicable to discrimination based on a person's credit score or homeowner status.
02/13/2012   To House Committee on Labor.
 
IA H 2296     Kelley Da (D)
Title:               Family and Medical Leave Act
Summary:     Provides that it is an unfair employment practice under the Iowa civil rights Act to discriminate against any employee or applicant for employment because that person has exercised the person's rights under the federal Family and Medical Leave Act.
02/14/2012   To House Committee on Labor.
 
IA S 2028      Quirmbach (D)
Title:               Employment Discrimination
Summary:     Prohibits employment discrimination based on an individual's status as unemployed. Defines status as unemployed as an individual who, at the time of application for employment or at the time of an alleged violation, does not have a job, is available for work, and is searching for work; provides that the Iowa civil rights commission is charged with administration of the bill via existing procedures for employment discrimination complaints.
02/23/2012   In Senate. Becomes Senate File 2259.
 
IA S 2035      Beall (D)
Title:               Abuse of Children
Summary:     Relates to abuse of children by prohibiting retaliation for reporting, providing for implementation of reporting policies at postsecondary institutions, requiring planning for training requirements, and providing for the distribution of information on child sexual abuse; provides that new Code section 232.73A prohibits an employer from taking retaliatory action, as defined in the bill, against an employee as a reprisal for the employee's participation in good faith in making a child abuse report.
02/20/2012   In Senate. Becomes Senate File 2225.
 
IA S 2067      Jochum (D)
Title:               Patient Safety Through Nurse Staffing
Summary:     Creates new Code chapter 135P to establish nurse staffing plans, collaborative nurse staffing committees, and patient safety plans. Prohibits retaliatory action against nurses. Requires a hospital to approve, implement, and comply with a nurse staffing plan developed by the hospital's collaborative nurse staffing committee required by the bill.
01/26/2012   In Senate Committee on Human Resources.
 
IA S 2259      Senate Judiciary Committee
Title:               Employment Discrimination
Summary:     Prohibits employment discrimination based on an individual's status as unemployed. Defines status as unemployed as an individual who, at the time of application for employment or at the time of an alleged violation, does not have a job, is available for work, and is searching for work. Prohibits an employer from engaging in certain employment practices.
03/19/2012   To Senate Committee on Judiciary.

KENTUCKY
KY H 280     Harmon (R)
Title:               Deadly Weapons
Summary:    Prohibits employers from maintaining a no-firearms policy with regard to parking lots and parking structures on their property. Prohibits disciplining employees who have firearms in their vehicles or using the firearm for self-defense if a person is killed or injured by a violation of the section and allows legal action to be brought against the employer. Allows a person who is discharged for a violation of such a policy to bring a legal action for reinstatement.
01/20/2012   To House Committee on Judiciary.
 
KY H 337     Marzian (D)
Title:               Wage Discrimination
Summary:    Prohibits wage discrimination on the basis of sex, race, or national origin by prohibiting wage differentials for employees who perform equivalent jobs. Provides exceptions for wage differentials based on seniority or merit systems, systems that measure wages by quantity or quality of production, and factors other than sex, race, or national origin. Defines equivalent jobs as those that are equal under the federal Equal Pay Act.
03/06/2012   Posted in committee.
 
KY S 69         Stein (D)
Title:               Civil Rights
Summary:     Includes definitions for "sexual orientation" and "gender identity.” Provides the purpose of the Kentucky's civil rights chapter, to include a prohibition on discrimination because of sexual orientation and gender identity; prohibits discrimination in various labor and employment practices, to include sexual orientation and gender identity; prohibits discrimination in places of public accommodation and advertisements therefor, to include sexual orientation and gender identity.
01/04/2012   To Senate Committee on Judiciary.

LOUISIANA
LA H 295      Bishop W (D)
Title:               Employment Discrimination
Summary:     Prohibits a person from being disqualified or ineligible to engage in a licensed trade or profession solely because of a prior criminal record, except if a conviction directly relates to the position of employment; adds the Office of Financial Institutions, the Physical Therapy Board, and the Board of Massage Therapy to the list of exclusions.
06/05/2012   Signed by Governor.
06/06/2012   Act No. 486
 
LA H 637      Leger (D)
Title:               Employment Discrimination
Summary:    Changes the person in charge of promulgating regulations for genetic monitoring from the executive director of the La. Workforce Commission to the chairman of the La. Commission on Human Rights. Removes the executive director of the La. Workforce Commission. Provides for related matters.
5/24/2012   Reconsidered by Senate.
 
LA H 638      Thierry (D)
Title:               Insurance Department Advisory Committee
Summary:     Concerns the membership of the Advisory Committee on Equal Opportunity in the Department of Insurance.
03/13/2012   Withdrawn from further consideration.
 
LA H 691      Moreno (D)
Title:               State Employment Discrimination
Summary:     Prohibits discrimination in state employment based upon sexual orientation.
03/12/2012   To House Committee on House and Governmental Affairs.
 
LA H 747      Edwards (D)
Title:               Employee Protection Safeguards
Summary:     Provides with respect to safeguards for employee protection.
03/12/2012   To House Committee on Labor and Industrial Relations.
 
LA H 1149    Armes (D)
Title:               Charter School Employees
Summary:     Regards reprisals against charter school employees for disclosures of improper acts.
04/04/2012   To House Committee on House and Governmental Affairs.
 
LA S 63         Murray (D)
Title:               Employment Discrimination
Summary:     Prohibits discrimination in state employment based upon sexual identification.
02/13/2012   Withdrawn from further consideration.
 
LA S 100       Murray (D)
Title:               State Employment Discrimination
Summary:     Prohibits discrimination in state employment based upon sexual identification.
03/12/2012   To Senate Committee on Labor and Industrial Relations.
 
LA S 113       Mills (R)
Title:               Workplace Smoking Prohibition
Summary:     Repeals the prohibition of smoking discrimination in the workplace.
03/12/2012   To Senate Committee on Labor and Industrial Relations.
 
LA SCR 107 Erdey (R)
Title:               Public Agency Sexual Harassment Education
Summary:     Directs public agencies to provide sexual harassment education and training for its public servants.
05/29/2012   Passed House.

MARYLAND
MD H 353     Holmes (D)
Title:               Jury Service
Summary:     Prohibits an employer from requiring an individual to work during a specified time period on a day in which the individual is expected to perform jury service or acts related to jury service or on a day after the individual performs jury service or acts related to such service; prohibits an employer from depriving an individual of employment or coercing, intimidating, or threatening to discharge an individual for exercising a specified right to refrain from work for performing such service or acts thereof.
04/10/2012   Signed by Governor. Chapter No. 121
 
MD H 964     Washington (D)
Title:               Electronic Communications Devices
Summary:     Prohibits an employer from requesting or requiring that an employee or applicant disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices. Prohibits an employer from taking, or threatening to take, disciplinary actions for an employee's refusal or from failing or refusing to hire an applicant as a result of refusal. Prohibits an employee from downloading unauthorized information or data from Web sites or accounts.
05/02/2012   Signed by Governor. Chapter No. 234
 
MD S 16        Ramirez (D)
Title:               Jury Service
Summary:     Prohibits an employer from requiring an individual to work during a certain time period on a day in which an individual is expected to perform jury service or acts related to jury service or on a day after the individual performs jury services or related acts; prohibits an employer from depriving an individual of employment or coercing, intimidating, or threatening to discharge an individual for exercising a certain right to refrain from work for performing jury service or acts relating to jury service.
05/02/2012   Signed by Governor. Chapter No. 159
 
MD S 212      Raskin (D)
Title:               Discrimination Based on Gender Identity
Summary:     Prohibits discrimination based on gender identity with regard to public accommodations, housing, and employment and by specified licensed or regulated persons; prohibits discrimination based on sexual orientation or gender identity with regard to commercial leasing; alters an exception for employers relating to standards concerning dress and grooming; provides specified immunity; requires state personnel actions to be made without regard to gender identity or sexual orientation.
01/20/2012   To Senate Committee on Judicial Proceedings.
 
MD S 966      Gladden (D)
Title:               Discrimination in Employment
Summary:     Prohibits discrimination in employment based on employment status, including discrimination by employers, employment agencies, labor organizations, and training programs; defines "employment status.”
02/27/2012   Reassigned to Senate Committee on Judicial Proceedings.
 
MD S 6 b       Kittleman A (R)
Title:               Labor Organization Prohibition
Summary:     Prohibits an employer from refusing to employ or continue employing an individual based on membership or nonmembership in a labor organization. Prohibits an employer from requiring an individual to refrain from joining or becoming a member of a labor organization. Prohibits an employer from requiring an individual to pay specified charges to a labor organization.
08/09/2012   To Senate Committee on Rules.

MASSACHUSETTS
MA H 475     Naughton (D)
Title:               Discrimination of Veterans in Employment
Summary:    Provides that it is unlawful for an employer, by himself or his agent, because an individual is a veteran to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification.
07/31/2012   From Joint Committee on Judiciary: Accompanied Study Order H4364.
 
MA H 539     Rushing (D)
Title:               Employee Height and Weight Discrimination
Summary:     Makes it unlawful to discriminate on the basis of height and weight in compensation or in terms, conditions or privileges of employment.
08/09/2012   From Joint Committee on Labor and Workforce Development: Accompanied Study Order H 4391.
 
MA H 840     Scibak (D)
Title:               Non-Profit Corporation Proposal Review Team Diversity
Summary:     Relates to diversity in state agency or quasi-public non-profit corporations proposal review teams.
03/29/2012   From Joint Committee on State Administration and Regulatory Oversight: Amended by substitution of New Draft. See H 4014.
 
MA H 1413  Walz (D)
Title:               Non Discrimination Training in the Workplace
Summary:     Relates to non discrimination training in the workplace.
02/15/2012   In House. Ordered to third reading.
 
MA H 2297  Jones (R)
Title:               Safe Workplace for Employees
Summary:     Provides a safe workplace for employees of the Commonwealth and its political sub-divisions.
08/23/2012   From Joint Committee on Labor and Workforce Development: Accompanied Study Order H 4408.
 
MA H 2309  Smizik (D)
Title:               Workplace Bullying and Harassment
Summary:     Protects employees from workplace bullying, mobbing and harassment.
03/05/2012   From Joint Committee on Labor and Workforce Development: Accompanied by Bill H 2310.
 
MA H 2310  Story (D)
Title:               Workplace Bullying and Harassment
Summary:     Addresses workplace bullying, mobbing and harassment without regard to protected class status.
05/30/2012   In House. Ordered to third reading.
 
MA H 2917  McMurtry (D)
Title:               Military Forces of the Commonwealth
Summary:     Provides for armories and leases of military property. Establishes the national guard education assistance program which provides tuition exemptions for army members. Provides for medical treatment and disability claims. Provides for employment discrimination.
10/11/2012   From Joint Committee on Public Safety and Homeland Security: Accompanied Study Order H 4472.
 
MA S 916      Clark (D)
Title:               Workplace Bullying and Harassment
Summary:     Addresses workplace bullying, mobbing, and harassment, without regard to protected class status. Provides for remedies for discrimination and damage limits.
03/05/2012   From Joint Committee on Labor and Workforce Development: Accompanied by Bill H 2310.
 
MA S 926      Fargo (D)
Title:               Family Friendly Employers
Summary:     Provides for breastfeeding in the workplace. Prohibits discrimination on the basis of expressing milk at the workplace.
04/26/2012   From Joint Committee on Labor and Workforce Development: Accompanied Study Order S 2236.
 
MA S 931      Jehlen (D)
Title:               Comparable Work
Summary:     Defines comparable work. Provides that in claims based in employment discrimination, the comparability of two positions shall be solely based on whether the two positions entail comparable skill, effort, responsibility and working conditions between employees of the opposite sex.
03/22/2012   To Senate Committee on Ways and Means.
 
MA S 934      Joyce (D)
Title:               Discrimination Based on Veterans Status
Summary:     Prevents discrimination by an employer, an employment agency, the commonwealth or any of its political subdivisions based on veteran's status.
01/03/2012   From Joint Committee on Labor and Workforce Development: Accompanied Study Order S 2100.
 
MA S 1820   Hart (D)
Title:               Veteran's Discrimination
Summary:    Amends existing law; provides that an employer may not, by himself or his agent, because an individual is a veteran refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification.
09/27/2012   From Joint Committee on Veterans and Federal Affairs: Accompanied Study Order H 4454.
 
MA S 1853   Flanagan (D)
Title:               Special Education Service Discrimination
Summary:     Prohibits the Commonwealth from discrimination against those providing special education services to Massachusetts students.
09/27/2012   From Joint Committee on Public Service: Accompanied Study Order S 2443.
 
MA S 2407   Senate Ways and Means Committee
Title:               Employee Protection Act
Summary:     Provides that a provision in any contract waiving any substantive or procedural right or remedy relating to a claim of discrimination, retaliation, harassment or violation of public policy in employment shall be deemed void and unenforceable. Prohibits retaliatory action because the person does not enter into an agreement or contract that contains a waiver deemed void or unenforceable.
08/09/2012   To House Committee on Ways and Means.

MICHIGAN
MI H 4929    Haveman (R)
Title:               Public Employee Collective Bargaining
Summary:     Prohibits a public employer from interfering with, restraining, or coercing public employees in the exercise of certain rights, creating or interfering with the formation or administration of any labor organization, discriminating in regard to hire, terms, or other conditions of employment to encourage or discourage membership in such an organization, or refusing to bargain collectively with public employee representatives; sets forth certain prohibitions for labor organizations.
03/15/2012   Signed by Governor.
03/16/2012   Public Act No. 53
 
MI H 5625    Ananich (D)
Title:               Paid Sick Leave Act
Summary:     Enacts the Paid Sick Leave Act. Requires employers to provide paid sick leave annually. Specifies the conditions for accruing and using sick leave and the conditions for the utilization of sick leave, including an employee's or family member's health condition, obtaining services from a victim services organization. Prohibits retaliation against an employee for requesting, exercising, or enforcing rights granted in this provision; provides for civil liabilities and fines for violation of this provision.
05/15/2012   To House Committee on Commerce.
 
MI H 5940    Hovey-Wright (D)
Title:               Contraceptives Disclosure
Summary:     Prohibits an employer from requiring employee disclosure regarding purpose or use of contraceptives.
09/20/2012   To House Committee on Judiciary.
 
MI S 1224     Johnson B (D)
Title:               Family Education Leave Act
Summary:     Creates family education leave act. Requires an employer to provide unpaid leave for employees to attend academic activities of their children; provides for the conditions for granting the leave; prohibits discrimination against employees who request or use the leave.
08/15/2012   To Senate Committee on Reforms, Restructuring, and Reinventing.

MINNESOTA
MN H 56       Dill (DFL)
Title:               Veterans and State Lawsuits
Summary:     Provides a waiver of immunity for veterans to sue the state of Minnesota as an employer in federal or other courts for violation of the Uniformed Services Employment and Reemployment Rights Act.
03/12/2012   In Senate. Second Reading.
 
MN S 1919   Dibble (DFL)
Title:               Employment
Summary:     Prohibits discrimination against unemployed individuals and provides for civil penalties.
02/16/2012   To Senate Committee on Judiciary and Public Safety.
 
MN S 2282   Thompson (R)
Title:               State Government
Summary:     Proposes the Equal Pay and Benefits Act and provides a method for determining public employee compensation.
03/02/2012   To Senate Committee on State Government Innovation and Veterans.
 
MISSISSIPPI
MS H 299     Evans B (D)
Title:               DNA Testing
Summary:     Prohibits the use of DNA test results for discriminatory purposes by employers or insurer; provides penalties for violations.
03/06/2012   Died in committee.
 
MS S 2192    Jackson R (D)
Title:               Mississippi Anti-Discrimination In Employment Act
Summary:     Prohibits discrimination in the workplace on the basis of race, color, religion, sex, national origin, age or disability; prohibits retaliation; establishes a statute of limitation.
03/06/2012   Died in committee.

MISSOURI
MO H 1219  Elmer (R)
Title:               Human Rights Act and Employment Discrimination
Summary:     Modifies the laws regarding unlawful discriminatory employment practices as they relate to the Missouri Human Rights Act and establishes the Whistleblower Protection Act. Provides for motions for summary judgment, trials by jury and awards of damages.
03/08/2012   To Governor.
03/19/2012   Vetoed by Governor.
 
MO H 1279  Smith C (D)
Title:               Employment Advertisement Fairness Act
Summary:     Creates the Employment Advertisement Fairness Act which provides that no employer shall publish a job advertisement using employment status as a job qualification and does not consider or review applications for employment submitted by a job applicant currently unemployed.
04/18/2012   To House Committee on Workforce Development and Workplace Safety.
 
MO H 1555  Hughes (D)
Title:               Credit Score History
Summary:     Makes it an improper employment practice for an employer to refuse to hire or to discharge, reduce compensation, or modify any condition of a person's employment based on his or her credit score or history.
03/08/2012   To House Committee on Workforce Development and Workplace Safety.
 
MO H 1621  Brown W (R)
Title:               Unlawful Employment Practice
Summary:     Makes it an unlawful employment practice to discriminate against an individual because such individual has a concealed carry endorsement or uses or has used a firearm for any lawful purpose.
04/17/2012   In Senate Committee on General Laws: Voted do pass.
 
MO H 2098  Elmer (R)
Title:               Unlawful Discriminatory Employment Practices
Summary:     Changes the laws regarding unlawful discriminatory employment practices as they relate to the Missouri Human Rights Act.
04/12/2012   To House Committee on Workforce Development and Workplace Safety.
 
MO S 453      Cunningham J (R)
Title:               Discrimination Cases Damages
Summary:     Provides for a limitation on damages awarded in employment discrimination cases. Provides that punitive damages shall not be awarded against the state or political subdivisions under the Human Rights Act; establishes caps for damages for cases involving discrimination against employees who file workers' compensation claims that are the same as for employment cases.
01/05/2012   To Senate Committee on Commerce, Consumer Protection, Energy and the Environment.
 
MO S 512      Schaaf (R)
Title:               Restrictive Physician Employment Covenants
Summary:     Relates to restrictive physician employment covenants.
01/05/2012   To Senate Committee on Health, Mental Health, Seniors and Families.
 
MO S 539      Chappelle-Nadal (D)
Title:               Employer Illegal Disclosures
Summary:     Creates a misdemeanor for employers who transmit an employee's or customer's name on a public address system or provides an employee's work schedule or personal information to another. Employers are barred from evicting, harassing, dismissing, or retaliating against employees and patrons that have reported violations of the crime.
01/05/2012   To Senate Committee on Judiciary, Civil and Criminal Jurisprudence.
 
MO S 540      Chappelle-Nadal (D)
Title:               Public Works Contracts
Summary:     Bars public bodies from entering into public works contracts with a company that has conducted discriminatory employment practices.
01/24/2012   Hearing conducted.
 
MO S 592      Lager (R)
Title:               Employment Discrimination
Summary:     Modifies the State Human Rights Act regarding employment discrimination and related civil actions.
05/10/2012   Hearing conducted.

NEBRASKA
NE L 113       Dubas (NP)
Title:               Credit History and Job Discrimination
Summary:     Prohibits job discrimination based upon credit history.
04/18/2012   Indefinitely postponed.
 
NE L 912       McCoy (NP)
Title:               Local Laws Regulating Discrimination
Summary:     Provides requirements for local laws regulating discrimination; provides for the improvement of intrastate commerce by ensuring that no country, municipality, or other political subdivision will subject businesses, organizations, or employers operating in the state to varied and non-uniform protected classifications in nondiscrimination laws, ordinances, resolutions, rules or policies.
04/18/2012   Indefinitely postponed.
 
NE L 1005    Lambert (NP)
Title:               Volunteer Emergency Responders Job Protection Act
Summary:    Provides that a member of a state emergency response team pursuant to the Emergency Management Act is considered a volunteer emergency responder. Prohibits an employer from terminating or taking any other disciplinary action against an employee who is a volunteer emergency responder if acting or actively deployed as a volunteer emergency responder.
04/10/2012   Signed by Governor.
09/11/2012   Filed.

NEW JERSEY
NJ A 704       Ramos (D)
Title:               Requiring Credit Checks
Summary:     Prohibits practice of requiring credit check as condition of employment.
01/10/2012   To Assembly Committee on Labor.
 
NJ A 1021     Mainor (D)
Title:               Discrimination Against Ex Convicts
Summary:     Prohibits public and private employers from discriminating against ex-convicts.
01/10/2012   To Assembly Committee on Law and Public Safety.
 
NJ A 1490     Carroll (R)
Title:               Affirmative Action Prohibition
Summary:     Prohibits public and certain private affirmative action programs based upon race, ethnicity, sex, color or national origin.
01/10/2012   To Assembly Committee on Judiciary.
 
NJ A 2303     Mainor (D)
Title:               Ex-Offender Employment
Summary:     Prohibits public and private employers from automatically disqualifying ex-offenders from employment.
02/02/2012   To Assembly Committee on Law and Public Safety.
 
NJ A 2360     Johnson (D)
Title:               Credit History Job Discrimination
Summary:     Prohibits job discrimination on basis of credit history or financial status.
02/06/2012   To Assembly Committee on Labor.
 
NJ A 2647     Lampitt (D)
Title:               Employer Posting of Notice of Worker Rights
Summary:     Requires employers to post notification in the workplace detailing the right to be free of gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment. Requires written copy of the notification be provided to each worker and returned to the employer after it has been read, understood, and signed by the worker. Requires the Commissioner of Labor and Workplace Development to make notification available in the first languages of workers.
06/25/2012   To Governor.
09/19/2012   Signed by Governor. Chapter No. 2012-57
 
NJ A 2648     Fuentes (D)
Title:               Disclosure of Certain Employment Information
Summary:     Prohibits employer retaliation against any employee who discloses to, or requests of, any other employee or former employee of the employer information regarding the job title, occupational category, and rate of compensation, including benefits, or the gender, race, ethnicity, military status, or national origin of the employee or former employee, if the disclosure was made to assist in investigating the possibility of discriminatory treatment concerning pay, compensation, bonuses, or benefits.
06/21/2012   To Governor.
09/24/2012   Conditional veto by Governor. Returned to Assembly.
10/11/2012   In Assembly. Read second time on concurrence in Governor’s recommendation.
 
NJ A 2650     Lampitt (D)
Title:               Unlawful Employment Practices
Summary:     Provides that an unlawful employment practice occurs, with respect to discrimination in compensation or in the financial terms or conditions of employment, each occasion that an individual is affected by application of a discriminatory compensation decision or other practice, including, but not limited to, each time occasion that wages, benefits, or other compensation are paid, resulting in whole or in part from such a decision or other practice.
06/21/2012   To Governor.
09/24/2012   Conditional veto by Governor. Returned to Assembly.
10/11/2012   In Assembly. Read second time on concurrence in Governor’s recommendation.
 
NJ A 2840     Spencer (D)
Title:               Employment Discrimination
Summary:    Prohibits employers from requiring a credit check on a current or prospective employee. Prohibits employment discrimination against a current or prospective employee based on information in a credit report. Prohibits an employer from requiring a prospective employee to waive or limit any protection granted under the bill as a condition of applying for or receiving an offer of employment. Provides for injunctive relief and damages; imposes civil penalties.
05/10/2012   To Assembly Committee on Labor.
 
NJ A 3249     Vainieri Huttle (D)
Title:               Healthy Workplace Act
Summary:     Establishes the Healthy Workplace Act. Makes it an unlawful employment practice for an employer to subject an employee to abusive conduct or to permit an abusive work environment; makes it an unlawful employment practice for an employer to retaliate in any manner against an employee because the employee brought a legal action, or because the employee has made a charge, testified, assisted or participated in a related investigation or proceeding. Regards legal actions for damages.
09/24/2012   To Assembly Committee on Labor.
 
NJ A 3444     Stender (D)
Title:               Health Care Benefits Discrimination
Summary:     Prohibits discrimination in employment in the providing of any health care benefits.
10/18/2012   Filed.
 
NJ S 455        Turner (D)
Title:               Employer Credit Reports Discrimination
Summary:     Prohibits employers from obtaining, requiring, or discriminating on the basis of credit reports.
06/07/2012   To Assembly Committee on Labor.
 
NJ S 968        Weinberg (D)
Title:               Public Services Privatization Contracts
Summary:     Establishes procedures and standards regarding public services privatization contracts. Provides all of the requirements that are to be met before an agency may enter into such contract that includes bidding, the quality and quantity of services, any fees, fares, or other charges to the public, the agency cost for such services, service oversight and post-audits, and the maximum length of such contract, a non-discrimination policy, prevailing wage requirements, and background checks.
10/01/2012   From Senate Committee on Labor as substituted.
 
NJ S 1102      Gill (D)
Title:               Credit Check For Employment Prohibition
Summary:     Prohibits practice of requiring credit check as condition of employment.
01/23/2012   To Senate Committee on Labor.
 
NJ S 1748      Rice (D)
Title:               Public Works Contracts Equal Opportunity
Summary:     Establishes division in Department of Treasury to oversee and enforce equal employment opportunity requirements with regard to public works contracts.
03/05/2012   To Senate Committee on State Government, Wagering, Tourism and Historic Preservation.
 
NJ S 1933      Sweeney (D)
Title:               Unlawful Employment Practice
Summary:     Provides that unlawful employment practice occurs each an time individual is affected by decision or practice, including each time compensation is paid.
06/21/2012   Substituted by A2650
 
NJ S 1935      Weinberg (D)
Title:               Disclosure of Employment Information
Summary:     Prohibits an employer from retaliation against any employee who discloses to, or requests of, any other employee or former employee of the employer, or any authorized representative of the other employee or former employee, information regarding the job title, occupational category, and rate of compensation, including benefits, of any employee or former employee, or the gender, race, ethnicity, military status, or national origin if such action was to assist in a potential discrimination legal action.
06/21/2012   Substituted by A2648

NEW MEXICO
NM SJM 29  Lopez (D)
Title:               Institutional Racism
Summary:     Encourages every agency and entity that receives state funding to adopt a policy to address institutional racism.
01/25/2012   To Senate Committee on Public Affairs.

NEW YORK
NY A 322      Cahill (D)
Title:               Genetics Advisory Council
Summary:     Establishes a Genetics Advisory Council to make recommendations regarding legislation to register, certify or license those persons providing the services of genetic counseling. Relates to continuing professional education, the availability of adequate genetic counseling for persons at risk and equitable access to genetic tests. Relates to use of genetic tests by insurers, employers or educational institutions; relates to informed consent.
06/14/2012   Passed Assembly. To Senate. To Senate Committee on Rules.
 
NY A 718      Dinowitz (D)
Title:               Right to Absence for Jury Duty
Summary:     Creates additional remedies for unlawful discharge, penalty, or discrimination due to the exercise of an employee's right to be absent from employment for jury duty.
01/31/2012   From Assembly Committee on Codes.
 
NY A 1780    Rosenthal (D)
Title:               Federal Equal Pay Act Compliance
Summary:     Seeks to comply with the federal equal pay act of 1963 by implementing a state policy of compensating employees in state service equally for work of comparable value by eliminating wage inequality in job titles having been segregated by sex, race or national origin. Requires the president of the civil service commission to report annually to the legislature and the governor on those job titles for which wage disparity exists.
04/18/2012   To Senate Committee on Civil Service and Pensions.
 
NY A 1860    Dinowitz (D)
Title:               Attorney Fees and Expert Witness Fees
Summary:     Awards attorney fees and expert witness fees in employment discrimination cases.
02/14/2012   From Assembly Committee on Judiciary. To Assembly Committee on Codes.
 
NY A 1874    Jeffries (D)
Title:               Provisions of Correction Law Enforcement
Summary:     Relates to the manner in which certain provisions of the correction law are enforced. Ensures that persons illegally discriminated against by a public employer due to a prior criminal conviction unrelated to the employment sought is able to seek redress with the Division of Human Rights.
01/04/2012   Recalled from Senate. Returned to Assembly.
 
NY A 2139    Benedetto (D)
Title:               Provisions Providing Protection to Employees
Summary:     Enacts provisions providing protection to employees from retaliatory actions by employers where such employees report violations of law, rules or regulations, or improper governmental actions.
01/04/2012   Recalled from Senate. Returned to Assembly.
 
NY A 2348    Weinstein (D)
Title:               Victim of Domestic Violence
Summary:     Defines "victim of domestic violence.” Prohibits employers from discriminating against victims of domestic violence.
03/21/2012   To Senate Committee on Investigations and Government Operations.
 
NY A 3689    Lifton (D)
Title:               States Sovereign Immunity to Liability
Summary:     Waives the state's sovereign immunity to liability for violations of the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Age Discrimination Act, and the Family and Medical Leave Act; waives the immunity of all instrumentalities and political subdivisions of the state.
05/21/2012   To Senate Committee on Codes.
 
NY A 3690    Lifton (D)
Title:               Discriminatory Work Practices
Summary:     Makes it a discriminatory practice to compensate employees of different sexes differently for work that is of comparable worth. Specifically provides when differing compensation is permissible. Provides for phase-in.
03/23/2012   Enacting clause stricken.
 
NY A 6130    Wright (D)
Title:               New York State Fair Pay Act
Summary:     Enacts the "New York State fair pay act;” provides that it shall be an unlawful employment practice for an employer to discriminate between employees on the basis of sex, race and/or national origin by paying different wages.
04/18/2012   To Senate Committee on Labor.
 
NY A 6448    Jaffee (D)
Title:               Compensation Discrimination
Summary:     Makes it a discriminatory practice for public employers to compensate employees of different sexes differently for work that is of comparable worth. Makes exception for seniority system. Prohibits reducing anyone's compensation to conform with this provision. Provides three years for a compliance plan.
04/18/2012   To Senate Committee on Civil Service and Pensions.
 
NY A 6537    Abbate (D)
Title:               Retaliatory Action By Public Employers
Summary:     Includes violation of recognized and established ethical practice to the definition of improper governmental action.
01/04/2012   To Assembly Committee on Governmental Employees.
 
NY A 7001    Titone (D)
Title:               State Contracts
Summary:     Prohibits state contracts with vendors that forbid employees from litigating discrimination or harassment claims.
02/13/2012   To Senate Committee on Finance.
 
NY A 7782    Aubry (D)
Title:               Conditional Offer of Employment
Summary:     Requires employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee.
05/22/2012   To Assembly Committee on Codes.
 
NY A 7830    Wright (D)
Title:               Hiring Discrimination By Employers
Summary:     Prohibits hiring discrimination by employers, employment agencies and licensing agencies based upon an individual's unemployment status.
01/18/2012   Amended in Assembly Committee on Governmental Operations.
 
NY A 8070    Stevenson (D)
Title:               Credit Privacy in Employment Act
Summary:     Enacts the "credit privacy in employment act" to prohibit the use of credit information in hiring and employment determinations.
06/20/2012   To Senate Committee on Rules.
 
NY A 8371    Cahill (D)
Title:               Call Centers
Summary:    Provides reporting requirements, prohibits retaliatory action by employers and provides remedies for violations.
06/12/2012   From Assembly Committee on Energy.
 
NY A 8997    Wright (D)
Title:               Commercial Goods Transportation
Summary:     Enacts the Commercial Goods Transportation Industry Fair Play Act. Outlines commercial goods transportation contractors' obligation to correctly classify employees and to inform subcontractors, of their obligations regarding employee classification, the rights of employees to pay taxes required by state and federal law, workers' compensation, unemployment. Defines penalties for contractors and sub-contractors who violate the provisions of the law. Protects against-employer retaliation.
04/26/2012   To Assembly Committee on Codes.
 
NY A 9630    Camara (D)
Title:               Discrimination Against Employees
Summary:     Designates discrimination against employees for failure to meet certain ticket quotas as a class A misdemeanor.
03/22/2012   To Assembly Committee on Labor.
 
NY A 10312 Rivera N (D)
Title:               Addressing of Military Sexual Trauma
Summary:     Amends the Executive Law. Relates to the development of plans to adequately address military sexual trauma experienced by female veterans.
05/22/2012   To Assembly Committee on Veterans Affairs.
 
NY S 2200    Krueger (D)
Title:               New York State Fair Pay Act
Summary:     Enacts the "New York State fair pay act.” Provides that it shall be an unlawful employment practice for an employer to discriminate between employees based on sex, race or national origin by paying different wages.
04/30/2012   Amended in Senate Committee on Rules.
 
NY S 2920    Duane (D)
Title:               Sexual Discrimination
Summary:     Proposes a constitutional amendment. Provides that no person shall because of sex be subjected to any discrimination in his or her civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state.
02/08/2012   Opinion referred to Judiciary.
 
NY S 3814    Hassell-Thompso (D)
Title:               Victim of Domestic Violence
Summary:     Defines "victim of domestic violence” and prohibits employers from discriminating against victims of domestic violence.
03/12/2012   To Senate Committee on Rules.
 
NY S 5427    Hassell-Thompso (D)
Title:               Unlawful Discriminatory Practices
Summary:     Requires employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee.
03/12/2012   To Senate Committee on Rules.
 
NY S 5428    Hassell-Thompso (D)
Title:               Unlawful Discriminatory Practice
Summary:     Establishes it shall be an unlawful discriminatory practice for any prospective employer to make an inquiry about, or to act upon adversely to the individual involved based upon, any criminal conviction of such individual unless such employer first makes a conditional offer of employment to such individual.
03/12/2012   To Senate Committee on Rules.
 
NY S 5526    Hassell-Thompso (D)
Title:               Victim of Domestic Violence
Summary:     Defines "victim of domestic violence” and prohibits employers from discriminating against victims of domestic violence.
03/12/2012   To Senate Committee on Rules.
 
NY S 5674    Krueger (D)
Title:               Retaliatory Personnel Actions By Employers
Summary:     Relates to retaliatory personnel actions by employers.
03/12/2012   To Senate Committee on Rules.
 
NY S 5802    Marcellino (R)
Title:               State Contracts
Summary:     Prohibits state contracts with vendors that forbid employees from litigating discrimination or harassment claims except in the case of an emergency arising from certain unforeseen causes.
01/04/2012   Transferred to Senate Committee on Finance.
 
NY S 6617    Gianaris (D)
Title:               Discrimination Against Employees
Summary:     Designates discrimination against employees for failure to meet certain ticket quotas as a class A misdemeanor.
04/19/2012   To Senate Committee on Rules.
 
NY S 7351    Little (R)
Title:               Civil and Criminal Penalties for Failure To Pay Wages
Summary:     Amends the Labor Law. Increases civil and criminal penalties for failure to pay wages or to differentiate the rate of pay based on sex. Directs the commissioner of labor to study and report upon wage differential among men and women, and between minorities and non-minorities.
06/11/2012   Amended on Senate floor.

OHIO
OH S 349      Turner (D)
Title:               Fair and Acceptable Income Required Act
Summary:     Enacts the "Fair and Acceptable Income Required (FAIR) Act” and revises the enforcement of the prohibitions against discrimination in the payment of wages.
05/23/2012   To Senate Committee on Insurance, Commerce and Labor.
 
OH S 383      Coley (R)
Title:               Claims Against Employer Statute of Limitations
Summary:     Modifies Ohio civil rights laws related to employment and the statute of limitations for other specified claims against an employer.
11/14/2012   To Senate Committee on Insurance, Commerce and Labor.

OKLAHOMA
OK H 2565   Wesselhoft (R)
Title:               Militia
Summary:     Prohibits private employers from terminating certain employees. Allows employee to return to same employment, requires employee to give certain notice of intent to return to employment, provides for codification and provides an effective date.
02/22/2012   From House Committee on Veterans and Military Affairs: Do pass as substituted.
 
OK S 1046    Newberry (R)
Title:               State Employees
Summary:     Establishes certain employment status for state employees. Authorizes appointing authorities to separate employees with or without cause. Prohibits property interest in employment. Repeals sections which relate to grievances, dispute resolution and termination procedures; provides for codification; provides an effective date; declares an emergency.
04/12/2012   From House Committee on Appropriations and Budget: Do pass as substituted.
 
OK S 1728    Newberry (R)
Title:               Human Rights Commission
Summary:     Relates to human rights commission; relates to alleged discrimination in employment and housing.
05/23/2012   Conference Committee Report adopted by Senate.
 
OREGON
OR H 4064   House Veterans Affairs Committee
Title:               Veterans Affairs
Summary:     Requires the Commissioner of Bureau of Labor and Industries to inform the Director of Veterans' Affairs of receipt of written information from or the filing of a complaint concerning labor discrimination by a member or veteran of uniformed service under certain circumstances. Provides that it takes effect on July 1, 2012.
03/16/2012   Signed by Governor.
03/19/2012   Chaptered. Chapter No. 44
 
OR S 1548    Rosenbaum (D)
Title:               Job Posting Restrictions
Summary:     Prohibits knowingly or purposefully publishing an advertisement by an employer, an employer's agent, representative, or designation, or employment agency, for a job vacancy that provides that the qualification include current employment, that a job application who is currently unemployed with not be considered or reviewed, and that only applications submitted by persons who are currently employed will be considered and reviewed;. Provides these provisions do not allow for a civil action against an employer.
03/27/2012   Signed by Governor. Chaptered. Chapter No. 85

PENNSYLVANIA
PA H 1329    Keller F (R)
Title:               Prevailing Wage Act
Summary:     Amends the Pennsylvania Wage Act. Raises the threshold for applicability, provides for the duty of the Secretary of Labor and Industry, provides for protection of workmen, minimum wage rate for public works and employer and employee contributions to collective bargaining agreements. Prohibits discharging or retaliating against an employee because the employee is requested to participate in an investigation or court action.
10/15/2012   In House. Laid on table.
 
PA H 1543    Milne (R)
Title:               Pennsylvania Prevailing Wage Act
Summary:     Amends the Pennsylvania Prevailing Wage Act; provides for definitions; provides that no person shall intentionally divide a construction project into multiple parts for the purposes of circumventing this act. Provides that no contractor or subcontractor may discharge, threaten or otherwise discriminate or retaliate against a workman regarding the employee's compensation, terms, conditions, location or privileges of employment because the workman exercised his rights.
07/02/2012   In House. Laid on table.
 
PA H 2541    Smith M (D)
Title:               Unlawful Discriminatory Practices
Summary:     Amends the Human Relations Act. Further provides for definitions and for unlawful discriminatory practices regarding hiring and training; adds pregnancy to the list of definitions.
07/02/2012   To House Committee on Labor and Industry.

PUERTO RICO
PR H 3898    Melendez Ortiz (PNP)
Title:               Psychological Violence Labor Act
Summary:     Establishes the Psychological Violence Labor Act. Defines the scope of application, prohibitions and penalties. Empowers the Department of Labor and Human Resources of Puerto Rico to adopt the relevant regulations.
04/17/2012   Introduced.
 
PR S 1154     Rivera Schatz (PNP)
Title:               Continuous Training Act
Summary:     Creates the Continuous Training Act for the purpose of requiring that every government official with oversight responsibilities for staff to attend regular training on the merit principle and discrimination against the legislation and collective bargaining in public service.
12/21/2011   To Governor.
01/19/2012   Pocket Veto by Governor.
 
PR S 2160     Pena Ramirez (PNP)
Title:               Veteran Discrimination
Summary:     Amends Act 100 of June 30, 1959, as amended, to include discrimination on grounds of having served in the Armed Forces of the United States with veteran status.
09/25/2012   Signed by Governor. Dated 09/13/2012. Law Number 232-2012

RHODE ISLAND
RI H 7509     Ucci (D)
Title:               Labor and Labor Relations
Summary:     Amends several provisions of the general laws pertaining to the payment of wages. Sets forth a hearing procedure for alleged violations of existing law; prohibits retaliation by the employer in the form of discrimination, discharge, or threatening the employee; provides a private right of action to an aggrieved employee in order to pursue wages, benefits, and other equitable relief.
06/20/2012   Signed by Governor. Public Law No. 2012-306
 
RI S 2422      Miller (D)
Title:               Labor and Labor Relations
Summary:     Amends several provisions of the general laws pertaining to the payment of wages. Sets forth a hearing procedure for alleged violations of existing law; prohibits retaliation by the employer in the form of discrimination, discharge, or threatening the employee. Provides a private right of action to an aggrieved employee in order to pursue wages, benefits, and other equitable relief.
06/20/2012   Signed by Governor. Public Law No. 2012-344

SOUTH CAROLINA
SC H 4823    Neal Jo (D)
Title:               Credit Score
Summary:     Prohibits an individual's credit score from being the basis of any personnel action.
02/22/2012   To House Committee on Labor, Commerce and Industry.
 
SC S 1340     Malloy (D)
Title:               Discrimination Remedies
Summary:     Relates to remedies of employees alleging discrimination for filing complaints or instituting proceedings regarding occupational safety and health. Provides procedures that the director of the Department of Labor, Licensing and Regulation shall follow upon receipt of a complaint alleging such discrimination; provides that the court of common pleas shall have jurisdiction if the director determines a violation has occurred; provides for relief including rehiring or reinstatement with back pay.
06/29/2012   Signed by Governor.
07/17/2012   Act No. 282

SOUTH DAKOTA
SD S 184       Buhl (D)
Title:               Hiring Discrimination and Current Employment
Summary:     Prohibits hiring discrimination on the basis of current employment status.
02/10/2012   In Senate Committee on Commerce and Energy: Deferred to the 41st Legislative Day.

TENNESSEE
TN H 2378    McCormick (R)
Title:               Tenncare and Medicaid False Claims Act
Summary:     Revises various provisions of the Medicaid False Claims Act. Authorizes an action brought by the Attorney General against persons engaged in such fraud. Relates to civil penalties for violations. Provides relief for any employee, contractor, or agent who is improperly discharged, demoted, suspended, threatened, harassed, or in any way discriminated against for lawful acts concerning a related investigation of false claims.
04/23/2012   Signed by Governor.
04/26/2012   Public Chaptered. Chapter No. 806
 
TN H 2384    McCormick (R)
Title:               State Employees
Summary:     Establishes in the state a system of personnel administration that will attract, select, retain and promote the best employees based on merit and equal opportunity, and free from coercive political influences. Requires fair treatment of applicants and employees without regard to race, color, national origin, gender, age, disability, religion or creed, or political opinions or affiliations.
04/24/2012   Signed by Governor. Public Chaptered. Chapter No. 800
 
TN H 3087    Hill (R)
Title:               State Employees
Summary:     Removes requirement that age and sex be considered in qualifications for admissions for tests for promotion.
02/01/2012   In House Committee on State and Local Government: Referred to General Subcommittee.
 
TN H 3461    Dennis (R)
Title:               Human Rights Commission
Summary:     Provides that the commission cannot find an individual employee guilty of a human rights violation if the employer was found to have committed a violation.
04/18/2012   In House Committee on Finance, Ways and Means: Referred to General Subcommittee.
 
TN H 3559    Bass (D)
Title:               Employees
Summary:     Prohibits employment discrimination based on an applicant or current employee's ownership, storage, transportation or possession of a firearm that is otherwise in accordance with state and federal law.
04/17/2012   To House Committee on Calendar and Rules.
 
TN H 3757    Turner M (D)
Title:               Employees and Employers
Summary:     Prohibits discrimination in employment on the basis of an individual's status or history of unemployment.
02/06/2012   In House Interim Committee on Consumer and Employee Affairs: Referred to General Subcommittee.
 
TN S 1053     Barnes (D)
Title:               Firearms and Ammunition
Summary:     Prohibits employers from prohibiting employees possessing a handgun carry permit from transporting and storing a firearm out of sight in a locked vehicle on any property set aside for employee parking. Prohibits employer from terminating, demoting, or other discrimination against such employees.
01/13/2012   In Senate. Withdrawn from further consideration.
 
TN S 2152     Summerville (R)
Title:               Civil Rights Initiative Act
Summary:    Enacts the Tennessee Civil Rights Initiative Act. Provides that the state shall not discriminate nor grant preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, sexual orientation or national origin in the operation of all aspects of public employment, public education or public contracting.
01/18/2012   In Senate. Withdrawn from further consideration.
 
TN S 2992     Faulk (R)
Title:               Employees
Summary:     Prohibits employment discrimination based on an applicant or current employee's ownership, storage, transportation or possession of a firearm that is otherwise in accordance with state and federal law.
03/27/2012   To Senate Committee on Calendar.
 
TN S 3130     Stewart E (D)
Title:               Discrimination in Employment
Summary:     Prohibits discrimination in employment on the basis of an individual's status or history of unemployment.
03/28/2012   In Senate Committee on Commerce, Labor and Agriculture: Referred to General Subcommittee.
 
TN S 3282     Gresham (R)
Title:               Military
Summary:     Clarifies that when persons are engaged in National Guard duties no private employment benefits may be curtailed or made ineligible due to such duties.
04/04/2012   In Senate. Amendment withdrawn from Senate floor. No. 1

UTAH
UT H 215      Morley (R)
Title:               Labor Related Amendments
Summary:     Modifies the provisions of Labor in General and the Utah Labor Code to correct language regarding the issuance of waivers and to modify standard of proof under certain circumstances. Changes the burden of proof for rebutting the presumption of employee status to preponderance of the evidence for purposes of wages, workers' compensation, anti-discrimination, and occupational safety. Removes incorrect language regarding insurers issuing workers' compensation coverage waivers.
03/08/2012   Enacting clause struck.
 
UT S 51         McAdams (D)
Title:               Utah Antidiscrimination Act
Summary:     Modifies the Utah Antidiscrimination Act and Utah Fair Housing Act to address discrimination, including discrimination on the basis of sexual orientation, gender identity, or political speech or activity as it relates to employment; modifies definition provisions related to employment and housing discrimination, including defining "gender identity" and "sexual orientation." Defines "political speech or activity" for purposes of employment.
03/08/2012   Enacting clause struck.
 
UT S 90         McAdams (D)
Title:               Securities Fraud Reporting Program Act
Summary:     Modifies the Securities Fraud Reporting Program Act to address various issues. Modifies exemptions from protections for adverse actions. Addresses considerations for the amount of an award; modifies exemptions from awards under the chapter. Makes technical and conforming amendments.
03/23/2012   Signed by Governor.
04/02/2012   Chaptered. Chapter No. 366

VERMONT
VT S 95         Senate Economic Development, Housing and General Affairs Committee
Title:               Union Organizing and School Employees
Summary:     Establishes certain prohibitions against making employment decisions based on credit information. Makes changes in provisions concerning payment of wages to allow school district employees to make the election to withhold a percentage of wages in a district-held bank account. Requires certain employers to certify that funds from a state grant will not be used to restrain an employee's rights with respect to unionization.
05/17/2012   Signed by Governor. Act No. 2012-154

VIRGINIA
VA H 613      LeMunyon (R)
Title:               Public Employment
Summary:    Prohibits discrimination in public employment based on race, color, religion, political affiliation, national origin, sex, age, disability, or any other reason except reasons related to qualifications, ability, or performance; contains technical amendments.
02/14/2012   Left in committee.
 
VA H 692      Plum (D)
Title:               Nondiscrimination for Public Employment
Summary:     Relates to nondiscrimination; prohibits discrimination in public employment based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, political affiliation, age, marital status, disability, sexual orientation, or status as a veteran; contains technical amendments.
02/14/2012   Left in committee.
 
VA H 977      Scott J (D)
Title:               Human Rights Act
Summary:     Prohibits discrimination in employment based on sexual orientation; defines sexual orientation as a person's actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression.
02/14/2012   Left in committee.
 
VA H 1003   Ramadan (R)
Title:               Human Rights Council
Summary:     Provides that no employer employing more than five but less than 20 persons shall discharge any such employee on the basis of age if the employee is 40 years of age or older. Provides that currently, the protection against age discrimination applies to an employer employing more than five but less than 15 persons. Provides that federal law applies to workplaces with 20 or more employees.
02/14/2012   Left in committee.
 
VA H 1099   Herring (D)
Title:               Employment Discrimination
Summary:    Expands the circumstances creating an individual cause of action regarding employment discrimination by employers with more than five but fewer than 15 employees. Provides that currently, discharging an employee on the basis of race, national origin, sex, and other status is actionable.
02/14/2012   Left in committee.
 
VA H 1175   Englin (D)
Title:               Public Employment
Summary:     Relates to nondiscrimination; prohibits discrimination in public employment in violation of the Equal Protection Clause of the United States Constitution, Article 1, Section 11 of the Virginia Constitution or the Virginia Human Rights Act.
02/14/2012   Left in committee.
 
VA S 263       Ebbin (D)
Title:               Public Employment Discrimination
Summary:     Rrohibits discrimination in public employment based on sexual orientation. Provides that the bill defines sexual orientation as a person's actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression.
01/30/2012   In Senate Committee: Passed by indefinitely.
 
VA S 483       Favola (D)
Title:               Asbestos Workers
Summary:     Requires the Commissioner of Labor and Industry to maintain a registry of employee complaints alleging the existence or imminent threat of an asbestos NESHAP violation. The measure prohibits employers from discharging or otherwise penalizing an employee who files a complaint in good faith; provides that an employee who is subject to retaliation may bring an action against the employer for reinstatement and other remedies.
01/30/2012   In Senate Committee on Commerce and Labor: Continued to 2013. Committee substitute printed.
 
VA S 701       McEachin (D)
Title:               Government Employment
Summary:     Prohibits discrimination in state employment based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, sexual orientation, or status as a special disabled veteran or other veteran covered by the Vietnam Era Veterans Readjustment Assistance Act of 1974. Defines sexual orientation.
10/25/2012   To Senate Committee on General Laws and Technology.

WASHINGTON
WA H 1591  Warnick (R)
Title:               Protections Against Workplace Harassment
Summary:     Expands protections against workplace harassment in antiharassment protection orders.
04/11/2012   By Order of Resolution - Reintroduced and retained in present status.
 
WA H 2412  Kenney (D)
Title:               Industrial Safety and Health Act
Summary:     Increases protections for employees under the Washington industrial safety and health act of 1973. Prohibits discharging an employee for reporting any injury, illness or unsafe condition.
04/11/2012   By Order of Resolution - Reintroduced and retained in present status.
 
WA S 5412   Keiser (D)
Title:               Whistleblowers in the Conveyance Work Industry
Summary:     Provides employee whistleblower protection in the conveyance work industry. Potects against reprisal for reporting violations in good faith.
03/19/2012   Signed by Governor. Chapter No. 54
 
WA S 5552   Kohl-Welles (D)
Title:               Protections Against Workplace Harassment
Summary:     Expands protections against workplace harassment in antiharassment protection orders.
04/11/2012   By Order of Resolution - Reintroduced and retained in present status.
 
WA S 6072   Kline (D)
Title:               Retaliation for Conduct that Promotes Public Policy
Summary:     Protects employees from retaliation for conduct that promotes public policy. Provides for the creation of a cause of action to protect employees or independent contractors from materially adverse actions in retaliation for conduct that promotes local, state, or federal public policy. Provides that protected conduct includes refusing to commit an illegal act, performing a legal duty or obligations, exercising a legal right or privilege, and reporting employer misconduct and whistleblowing.
04/11/2012   By Order of Resolution - Reintroduced and retained in present status.
 
WA S 6228   Keiser (D)
Title:               Employment Status Discrimination
Summary:     Makes employment status discrimination an unfair labor practice.
04/11/2012   By Order of Resolution - Reintroduced and retained in present status.
 
WA S 6229   Kohl-Welles (D)
Title:               Sick and Safe Leave from Employment
Summary:     Establishes minimum standards for sick and safe leave from employment. Provides for the accrual of sick and safe leave by any individual employed by an employer. Provides for the use of sick and safe leave. Provides that employers may not retaliate against employees for using sick and safe leave.
04/11/2012   By Order of Resolution - Reintroduced and retained in present status.

WEST VIRGINIA
WV H 2045  Doyle (D)
Title:               Age and Sexual Orientation Discrimination
Summary:     Prohibits discrimination based upon age and sexual orientation.
01/11/2012   To House Committee on Energy, Industry and Labor, Economic Development and Small Business.
 
WV H 2535  Mahan (D)
Title:               Equal Pay Coordinator
Summary:     Creates an equal pay coordinator within the Governor's Office to ensure pay equity among state employees.
01/11/2012   To House Committee on Government Organization.
 
WV H 3015  Longstreth (D)
Title:               Healthy and Safe Workplace Act
Summary:     Creates a new cause of action to deter workplace bullying. Makes it an unlawful employment practice to subject an employee to an abusive work environment that exists when the defendant, acting with malice, subjects an employee to abusive conduct so server that it causes tangible harm to the employee. Makes it an unlawful employment practice to retaliate against specified employees regarding bullying in the workplace.
01/11/2012   To House Committee on Energy, Industry and Labor, Economic Development and Small Business.
 
WV S 626      McCabe (D)
Title:               Discriminating Against Tobacco Users
Summary:     Exempts certain employers from discriminating against tobacco users.
02/17/2012   To Senate Committee on Health and Human Resources.

WISCONSIN
WI A 286      Kleefisch (R)
Title:               Employer Rights
Summary:     Relates to permitting an employer to refuse to employ or to bar or terminate from employment an individual who has been convicted of a felony and who has not been pardoned for that felony. Relates to preempting cities, villages, towns, and counties from adopting provisions concerning employment discrimination based on arrest or conviction record that prohibit activity that is allowed under the state fair employment law.
03/23/2012   Failed to pass pursuant to Senate Joint Resolution 1.
 
WI A 289      Litjens (R)
Title:               Employment Discrimination
Summary:     Relates to elimination of compensatory and punitive damages for acts of employment discrimination or unfair honesty or genetic testing.
03/23/2012   Failed to pass pursuant to Senate Joint Resolution 1.
 
WI A 344      Zamarripa (D)
Title:               Employment Discrimination
Summary:     Prohibits employment discrimination based on employment status. Specifies that employment discrimination because of employment status includes an employer, employment agency, or other person refusing to hire or employ an individual because the individual is currently unemployed and printing or circulating any statement, advertisement, or publication that states or suggests that the qualifications for a job include currently being employed.
03/23/2012   Failed to pass pursuant to Senate Joint Resolution 1.
 
WI A 350      Berceau (D)
Title:               Employment Discrimination Based on Credit History
Summary:     Relates to employment discrimination based on credit history.
03/23/2012   Failed to pass pursuant to Senate Joint Resolution 1.
 
WI A 364      Roys (D)
Title:               Prohibits Abusive Work Environments
Summary:     Provides an exception to that exclusive remedy provision permitting an employee who alleges that he or she has been injured by being subjected to an abusive work environment or by being subjected to retaliation or a threat of retaliation for opposing an abusive work environment or for initiating or in any manner participating in an investigation, action, or proceeding to enforce the right not to be subjected to an abusive work environment.
03/23/2012   Failed to pass pursuant to Senate Joint Resolution 1.
 
WI A 578      Wynn (R)
Title:               Employment Discrimination
Summary:     Relates to employment discrimination based on credit history.
03/23/2012   Failed to pass pursuant to Senate Joint Resolution 1.
 
WI A 729      Roys (D)
Title:               Employment Discrimination
Summary:     Prohibits discrimination in employment against an individual for signing or refusing to sign a recall petition.
03/23/2012   Failed to pass pursuant to Senate Joint Resolution 1.
 
WI S 202       Grothman (R)
Title:               Employment Discrimination
Summary:     Eliminates the awarding of compensatory and punitive damages to persons who have been discriminated against in employment or subjected to unfair honesty or genetic testing. Allows the Department of Workforce Development to still award to such a person back pay, costs, and attorney fees.
04/05/2012   Signed by Governor. Act No. 2012-219
 
WI S 207       Darling (R)
Title:               Employer Rights
Summary:     Relates to permitting an employer to refuse to employ or to bar or terminate from employment an individual who has been convicted of a felony and who has not been pardoned for that felony and preempting cities, villages, towns, and counties from adopting provisions concerning employment discrimination based on arrest or conviction record that prohibit activity that is allowed under the state fair employment law.
03/23/2012   Failed to pass pursuant to Senate Joint Resolution 1.
 
WI S 246       Taylor L (D)
Title:               Employment Discrimination
Summary:     Prohibits employment discrimination based on credit history. Specifies that employment discrimination because of credit history includes an employer, labor organization, employment agency, licensing agency, or other person requesting an applicant, employee, member, licensee, or any other individual to authorize that person to procure the individual's credit history.
03/23/2012   Failed to pass pursuant to Senate Joint Resolution 1.
 
WI S 249       Hansen (D)
Title:               Employment Discrimination
Summary:     Prohibits employment discrimination based on employment status; specifies that employment discrimination because of employment status includes an employer, employment agency, or other person refusing to hire or employ an individual because the individual is currently unemployed and printing or circulating any statement, advertisement, or publication that states or suggests that the qualifications for a job include currently being employed.
03/23/2012   Failed to pass pursuant to Senate Joint Resolution 1.
 
WI S 277       Coggs (D)
Title:               Prohibits Abusive Work Environments
Summary:     Relates to prohibiting abusive work environments and permitting a person who has been subject to such an environment to bring a civil action.
03/23/2012   Failed to pass pursuant to Senate Joint Resolution 1.
 
WI S 566       Coggs (D)
Title:               Employment Discrimination
Summary:     Relates to prohibiting discrimination in employment against an individual for signing or refusing to sign a recall petition.
03/23/2012   Failed to pass pursuant to Senate Joint Resolution 1.
 
Source: NCSL/StateNet Legislative Bill Tracking.  Summaries by StateNet/Information for Public Affairs.  Year end topic search, Nov. 25, 2012.