The proposed "Employee Privacy Protection Act" aims to safeguard employees from discrimination in employment decisions based on lawful activities conducted off the employer's premises and during nonwork hours. Specifically, it prohibits employers from discharging, refusing to hire, or discriminating against individuals for engaging in such activities, with certain exceptions. These exceptions include situations where the activity impairs occupational requirements, creates conflicts of interest, violates company policies, or contravenes state or federal laws. Additionally, the act outlines that retaliation against individuals who testify or participate in investigations related to violations of this act is prohibited.
The bill also establishes that any waiver of rights under this act is void and unenforceable, ensuring that employees cannot be compelled to relinquish their protections. Individuals harmed by violations of the act are granted the right to pursue civil action for injunctive relief and damages, with the provision for courts to award costs and attorney fees to prevailing plaintiffs. The act will apply to collective bargaining or employment agreements entered into, renewed, or extended after its effective date.