Sec. 3. Protecting free speech of American workers from foreign censorship
567 words·~3 min read·
/bill/116/hr/5830/ih/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in paragraph (3), a domestic entity may not discharge, suspend, cease contracting with, or fail to pursue future contracts with, any existing employee or contractor, or take any other adverse action against any such employee or contractor with respect to his or her compensation, terms, conditions, or privileges of employment or contract, on the basis of protected activity, in the case that such an adverse action was undertaken— because a designated foreign government or entity explicitly or implicitly requests that the domestic entity take such an adverse action, or the domestic entity presumes that a designated foreign authority would prefer such an adverse action; because the protected activity resulted in, or has the potential to result in— financial, reputational, or other damage to the domestic entity’s profitability or organizational prospects in a country governed by a designated foreign authority with which the protected activity relates; or economic retaliation by such country; or in response to a protected activity which constitutes protected inaction.
A domestic entity may not discharge, suspend, cease contracting with, or fail to pursue future contracts with, any existing employee or contractor, or take any other adverse action against any such employee or contractor with respect to his or her compensation, terms, conditions, or privileges of employment or contract, on the basis of such employee or contractor’s actual or contemplated assertion of any protection under this Act, provided such protection was asserted in good faith.
The prohibition under paragraph
(1)does not apply if— the protected activity of the employee or contractor was conducted in such employee or contractor’s official employment or contractual capacity; a reasonable person, considering the context or content of the protected activity, would believe such activity was conducted in such employee or contractor’s official employment or contractual capacity, and such activity, if conducted in an official capacity, would have been contrary to an official policy or the financial or organizational interests of the domestic entity; or the protected activity occurred— in the territory of a country governed by a designated foreign authority which seeks to restrict such activity; and during an overseas trip or assignment such employee or contractor undertook on behalf of the domestic entity. For the purpose of determining whether protected activity was conducted in an employee or contractor’s official capacity, protected activity on a social media account or other analogous medium of communication which is used both in an official and unofficial capacity, shall be presumed to be used in an unofficial capacity, absent clear and convincing evidence to the contrary. A domestic entity may not require, as a condition of employment, contract, or any compensation, benefit, or privilege related to such employment or contract, a prospective, existing, or former employee or contractor to— limit a protected activity conducted in an unofficial capacity, provided such protected activity would reasonably be expected to trigger the prohibition on retaliation described in subsection (a); or waive or abridge any right or cause of action under this Act, including requiring an employee or contractor to pursue any claims under this Act in a nonpublic or otherwise confidential manner. Nothing in this section shall preempt any Federal or State law (including any local law or ordinance), contract, agreement, policy, plan, or practice that establishes a right or benefit that is more beneficial to, or is in addition to, a right or benefit provided to employees or contractors under this Act.