Amends TCA Title 4; Title 39 and Title 50.

Under this bill, it is a Class E felony if an employer, or an agent of an employer acting on behalf of the employer, by means of coercion: (1) Influences or attempts to influence an employee who is a public servant in the exercise of the employee's power in the performance of their official duties as a public servant; (2) Influences or attempts to influence an employee who is a public servant to vote or not to vote in a particular manner; or (3) Influences or attempts to influence an employee who is a public servant to resign as a public servant, unnecessarily recuse themselves from a public body, or otherwise not exercise the public servant's official power in the performance of their official duties with the intent to influence the action or inaction of a public body. Present law defines "public servant" as a person elected, selected, employed or otherwise designated as one of the following, even if the person has not yet qualified for office or assumed the duties: an officer, employee, or agent of government; a juror or grand juror; an arbitrator or other person who is authorized by law or private written contract to hear or determine a controversy; an attorney or notary public performing a governmental function; or a candidate for nomination or election to public office. This bill adds a nominee, member, representative, or other holder of a position on a board, commission, or public body of the state or a political subdivision thereof to the definition of "public servant." A public servant who is terminated by the public servant's employer or agent of the employer in violation of this bill may bring a cause of action against the employer for unlawful discharge and any other damages to which the employee may be entitled, subject to the limitations set out in present law, and, as well as treble the amount of damages resulting from or incident to the unlawful discharge and reasonable attorney fees and costs. If a public servant files such a cause of action for any improper purpose, such as to harass or to cause needless increase in costs to an employer, the court, upon motion or upon its own initiative, must impose upon the public servant an appropriate sanction, which may include an order to pay the other party or parties the amount of reasonable expenses incurred, including reasonable attorney's fees. In any cause of action for discharge brought pursuant to this bill, the plaintiff will have the burden of establishing a prima facie case of unlawful discharge. If the plaintiff satisfies this burden, the burden will then be on the defendant to produce evidence that one or more legitimate, nondiscriminatory reasons existed for the plaintiff's discharge. The burden on the defendant is one of production and not persuasion. If the defendant produces such evidence, the presumption of discrimination raised by the plaintiff's prima facie case is rebutted, and the burden shifts to the plaintiff to demonstrate that the reason given by the defendant was not the true reason for the plaintiff's discharge and that the stated reason was a pretext for unlawful discharge. The allocations of burdens of proof will apply at all stages of the proceedings, including motions for summary judgment. The plaintiff at all times will retain the burden of persuading the trier of fact that the plaintiff has been the victim of unlawful discharge. ON APRIL 6, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2445, AS AMENDED. AMENDMENT #1 limits the conduct that would be a Class E felony under this bill to an employer, or an agent of an employer acting on behalf of the employer, by means of coercion: (1) Influencing or attempting to influence an employee who is a public servant to vote or not to vote in a particular manner; or (2) Influencing or attempting to influence an employee who is a public servant to resign as a public servant or unnecessarily recuse themselves from a public body with the intent to influence the action or inaction of a public body.