On January 28, 2013, a bill (S2488) was introduced that seeks to protect candidates for election to public office (federal, state, county, municipality, or school district) from retaliation by employers. Under the bill, it would be unlawful for employers to retaliate against their employees for campaigning or engaging in other related political activity during non-work hours. In order to enjoy the civil protections of the Act (including an injunction, reinstatement, lost wages and benefits, attorneys’ fees and costs, and punitive damages), the employee would need to provide written notice of the retaliation to a supervisor (unless reasonably certain the supervisor was already aware), and provide the employer a reasonable opportunity to remedy the situation. The law would also contain notice and posting requirements.
By Mark Diana
