2020 -- S 2694

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LC004982

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- IMPLANTATION DEVICES AS

CONDITIONS OF EMPLOYMENT

     Introduced By: Senators Lawson, McCaffrey, Goodwin, Lynch Prata, and Satchell

     Date Introduced: February 27, 2020

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 6.15

IMPLANTATION DEVICES AS CONDITIONS OF EMPLOYMENT

     28-6.15-1. Definitions.

     As used in this chapter:

     (1) “Device” means any acoustic, optical, mechanical, electronic, medical, or molecular

device.

     (2) “Implantation” means the injection or receipt of injection, ingestion, inhalation or

otherwise incorporation of a device into the human body.

     28-6.15-2. Implantation devices as conditions of employment prohibited.

     (a) No employer may require an employee or any prospective employee to implant, or

undergo a procedure to implant a device in the employee’s or prospective employee’s body, as a

condition of employment in a particular position, or as a condition of receiving additional

compensation or other benefits.

     (b) No employer may discriminate against an employee with respect to the employee’s

compensation and benefits or terms and conditions of employment based on the employee’s refusal

to take an action described in subsubsection (a) of this section.

     28-6.15-3. Penalty -- Exception.

     Any employer who subjects an employee or prospective employee to the implantation of a

device as defined in this chapter, or causes, directly or indirectly, any employee or prospective

employee to have such an implantation performed, is guilty of a misdemeanor punishable by a fine

of not more than one thousand dollars ($1,000). This section does not apply to implantations

performed to comply with a court order.

     28-6.15-4. Punitive damages and attorneys' fees.

     In any civil action alleging a violation of this chapter, the court may:

     (1) Award punitive damages to a prevailing employee or prospective employee, in addition

to any award of actual damages;

     (2) Award reasonable attorneys' fees and costs to a prevailing employee or prospective

employee; and

     (3) Enjoin an employer from further violation of this chapter.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- IMPLANTATION DEVICES AS

CONDITIONS OF EMPLOYMENT

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     This act would prohibit an employer from subjecting its employees or prospective

employees to the implantation of an implantation device. It would create criminal penalties as well

as civil damages, that may be assessed against violating employers.

     This act would take effect upon passage.

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