Section 130.028

Title IX SUFFRAGE AND ELECTIONS

Chapter 130

Effective - 01 Jan 2017, 3 histories, see footnote   

  130.028.  Prohibitions against certain discrimination or intimidation relating to elections — contributions by employees, payroll deduction, when. — 1.  Every person, labor organization, or corporation organized or existing by virtue of the laws of this state, or doing business in this state who shall:

  (1)  Discriminate or threaten to discriminate against any member in this state with respect to his or her membership, or discharge or discriminate or threaten to discriminate against any employee in this state, with respect to his or her compensation, terms, conditions or privileges of employment by reason of his political beliefs or opinions; or

  (2)  Coerce or attempt to coerce, intimidate or bribe any member or employee to vote or refrain from voting for any candidate at any election in this state; or

  (3)  Coerce or attempt to coerce, intimidate or bribe any member or employee to vote or refrain from voting for any issue at any election in this state; or

  (4)  Make any member or employee as a condition of membership or employment, contribute to any candidate, political committee or separate political fund; or

  (5)  Discriminate or threaten to discriminate against any member or employee in this state for contributing or refusing to contribute to any candidate, political committee or separate political fund with respect to the privileges of membership or with respect to his employment and the compensation, terms, conditions or privileges related thereto shall be guilty of a class E felony.

  2.  No employer, corporation, continuing committee, or labor organization shall receive or cause to be made contributions from its members or employees except on the advance voluntary permission of the members or employees.  Violation of this section by the corporation, employer, continuing committee or labor organization shall be a class A misdemeanor.

  3.  An employer shall, upon written request by ten or more employees, provide its employees with the option of contributing to a continuing committee as defined in section 130.011 through payroll deduction, if the employer has a system of payroll deduction.  No contribution to a continuing committee from an employee through payroll deduction shall be made other than to a continuing committee voluntarily chosen by the employee.  Violation of this section shall be a class A misdemeanor.

  4.  Any person aggrieved by any act prohibited by this section shall, in addition to any other remedy provided by law, be entitled to maintain within one year from the date of the prohibited act, a civil action in the courts of this state, and if successful, he or she shall be awarded civil damages of not less than one hundred dollars and not more than one thousand dollars, together with his or her costs, including reasonable attorney's fees.  Each violation shall be a separate cause of action.

­­--------

(L. 1978 S.B. 839, A.L. 1994 S.B. 650, A.L. 2010 S.B. 844, A.L. 2014 S.B. 491)

Effective 1-01-17