Under proposed legislation introduced yesterday, an employee could sue his or her employer for refusing to allow the employee to be absent from work for purposes of attending a polling place or for threatening or retaliating against the employee for exercising the right to vote. HB 881 by Rep. Chris Turner (D-Arlington) would allow an employee to recover compensatory and punitive damages, reasonable attorney’s fees, and equitable relief (such as reinstatement) if a court finds that the employer engaged in discriminatory conduct. The total amount of damages an employee can recover is capped according to the size of the employer. The maximum damages recoverable for an employer with more than 500 employees, for example, would be $300,000. The bill also waives sovereign immunity to allow an employee to sue a governmental entity, although the entity would not be liable for punitive damages.
Rep. Chris Turner
