|
REFERENCE TITLE: disabled employees; employer harassment |
|
State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
|
|
HB 2292 |
|
|
|
Introduced by Representatives McGuire, Sinema: Heinz, Senator Rios
|
AN ACT
Amending Title 23, chapter 2, article 1, Arizona Revised Statutes, by adding section 23-204; relating to Employment practices and working conditions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 23-204, to read:
23-204. Disabled employees; employer harassment; civil action; definition
A. An employer shall not harass a former employee who is receiving disability benefits from the social security administration by doing any of the following:
1. Threatening to terminate the former employee's pension benefits if the former employee does not release medical information to the employer.
2. Challenging the former employee's disability status under the social security administration.
3. Inquiring into the former employee's medical records.
4. Requiring the former employee to be examined by a health care professional.
5. Requiring the former employee to waive the employee's rights to privacy of health records under the health insurance portability and accountability act of 1996 (P.L. 104-91) or otherwise disclose medical information to the employer.
B. A former employee may bring a civil action against an employer that violates subsection A and may recover from the employer damages of two hundred fifty thousand dollars and attorney fees. The amount of damages under this subsection shall be increased by two hundred fifty dollars for each subsequent violation under this section that the employer commits against the same former employee.
C. For the purposes of this section, "employer" means a current or former employer and includes any person acting as an agent of a current or former employer.