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Indicates Matter Stricken
Indicates New Matter
Sponsors: Rep. Sandifer
Document Path: l:\council\bills\agm\19039ab11.docx
Companion/Similar bill(s): 694
Introduced in the House on April 26, 2011
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Remedies for an employee charging discrimination
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/26/2011 House Introduced and read first time (House Journal-page 74) 4/26/2011 House Referred to Committee on Judiciary (House Journal-page 74) 4/27/2011 House Recalled from Committee on Judiciary (House Journal-page 24) 4/27/2011 House Referred to Committee on Labor, Commerce and Industry (House Journal-page 24)
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 41-15-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMEDIES FOR AN EMPLOYEE CHARGING CERTAIN UNLAWFUL DISCHARGE OR DISCRIMINATION RELATED TO HIS INVOLVEMENT IN COMPLAINTS OR PROCEEDINGS CONCERNING HEALTH AND OCCUPATIONAL SAFETY LAW, SO AS TO PROVIDE WHEN A PRIVATE SECTOR EMPLOYEE MAKES THESE ALLEGATIONS TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, THE DEPARTMENT IMMEDIATELY SHALL FORWARD THE COMPLAINT TO THE UNITED STATES DEPARTMENT OF LABOR WHISTLEBLOWER PROGRAM, AND TO PROVIDE CIVIL REMEDIES FOR A VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 41-15-520 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 41-15-520. Any private sector employee believing that he has been discharged or otherwise discriminated against by any person in violation of Section 41-15-510 may, within thirty days after
such the violation occurs, file a complaint with the Commission of Labor Director of the Department of Labor, Licensing and Regulation alleging such the discrimination. Upon receipt of such the complaint, the Commissioner director shall cause investigation to be made as he deems appropriate. If upon such investigation the Commissioner determines that the provisions of Section 41-15-510 have been violated, he shall institute an action in the appropriate court of common pleas against such person. In any such action the court of common pleas shall have jurisdiction for cause shown to restrain violations of Section 41-15-510 and order all appropriate relief including rehiring or reinstatement of employee to his former position with back pay. immediately forward the complaint to the United States Department of Labor whistleblower program. Any public sector employee believing that he has been discharged or otherwise discriminated against by any person in violation of Section 41-15-510 may proceed with a civil action pursuant to the provisions contained in Chapter 27, Title 8."
SECTION 2. This act takes effect upon approval by the Governor.
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