Workplace Protection and Accountability Act – Model State Legislation

This is a draft version of model legislation to be used to provide remedy to employees who are injured, incapacitated, or killed as a result of being deprived of their unalienable right to self-defense in the workplace.

House Bill__ or Senate Bill__

 Workplace Protection and Accountability Act of 201_

201_ GENERAL SESSION

State of __________

Chief Sponsor: _________________

Sponsor in House/Senate:_____________________

Purpose: To provide for the protection by means of self-defense of employees within the state of _________.

 Legislative Intent: The legislature recognizes two rights within this bill: the unalienable right of employees of self-defense and the right of employers to create and enforce policies within the workplace. This bill respects the right of employers by holding the employer accountable and responsible for the exercise of said rights while at the same time providing a legal remedy to those employees and families of employees who have been injured, incapacitated, or killed due to the policies of the employer that prevented the employee from exercising their unalienable right of self-defense while in the workplace.

 Subsection A

Any employee who is injured in an act of workplace violence and who was prevented by his employer from carrying and using a suitable weapon with which to swiftly and efficiently exercise the right of self-defense has automatic standing to bring a civil action in state court for compensation.

 Subsection B

Any family member of a person killed as a result of an act of workplace violence in which the employee was prevented by his employer from carrying and using a suitable weapon with which to swiftly and efficiently exercise the right of self-defense has automatic standing to bring a civil action in state court for compensation. Any family member of an employee shall have standing to bring a civil action in state court for compensation in cases where the employee has become incapacitated as a result of workplace violence in which the employee was prevented by his employer from carrying and using a suitable weapon with which to swiftly and efficiently exercise the right of self-defense and the employee is unable to bring a civil action in their own capacity or on their own behalf.

 Subsection C

The civil code of the state of _________ shall be amended to provide for a cause of action known as deprivation of the right of self-defense. This cause of action may be brought by any employee under Subsection A or any family member under Subsection B. Deprivation of the right of self-defense shall have been deemed to have occurred if the employer has any policy in effect, or the employer commits any act that would lead a person of reasonable judgment to believe that a policy, written or unwritten, exists which prohibits or in any way penalizes an employee for bearing personal arms during the hours of his employment.

(By Dave Champion – April 27, 2010 – http://archives.davechampionshow.com/Champion_1_042710_150000.mp3)

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One Response to Workplace Protection and Accountability Act – Model State Legislation

  1. Tim Gallo says:

    Looks to be a most reasonable and thought out solution.

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