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Current Status Bill Number:View additional legislative information at the LPITS web site.4285 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000111 Primary Sponsor:J. Brown All Sponsors:J. Brown and Lloyd Drafted Document Number:l:\council\bills\psd\7000jm00.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Employer may not bring action against employee for ownership or association with motorcycle; Labor. Discrimination History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000111 Introduced, read first time, 25 HJ referred to Committee House 19991110 Prefiled, referred to Committee 25 HJ Versions of This Bill
TO AMEND CHAPTER 1, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR AND EMPLOYMENT, BY ADDING SECTION 41-1-110 SO AS TO PROVIDE THAT THE OWNERSHIP OR THE OPERATION OF A MOTORCYCLE OR THE WEARING OF CLOTHING ASSOCIATED WITH THE OWNERSHIP OR THE OPERATION OF A MOTORCYCLE, EXCEPT WHEN SUCH CLOTHING IS OBSCENE, SHALL NOT BE THE BASIS OF A PERSONNEL ACTION, AND PROVIDE FOR DAMAGES, BURDEN OF PROOF, AND A STATUTE OF LIMITATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 41 of the 1976 Code is amended by adding:
"Section 41-1-110. (A) The ownership or the operation of a motorcycle or the wearing of clothing associated with the ownership or the operation of a motorcycle, except when such clothing is obscene, shall not be the basis of personnel action, including, but not limited to, employment, termination, or demotion of an employee.
(B) An employer who violates subsection (A) is subject to a civil action in the circuit court for damages caused by the employer's violation. Damages for termination are limited to no more than one year's salary or fifty-two weeks of wages based on a forty-hour work week in the amount the employee was receiving at the time of the termination. Damages for demotion are limited to the difference for one year between the salary or wages based on a forty-hour work week which the employee received before the demotion and the amount he receives after the demotion. Damages for refusal to employ are limited to no more than one year's salary for the position for which the applicant sought employment.
(C) The burden of proof under this section is upon the employee, or the applicant for employment, as the case may be.
(D) The statute of limitations for actions under this section is one year."
SECTION 2. This act takes effect upon approval by the Governor.
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