There has been A LOT of talk about whistleblowers - and their rights and protections - in the the news recently and it got me wondering about the Whistleblower Law in Pennsylvania. Below is what I found out for PA. If you need the law for another state, or if you need more information, we can did deeper for you.
The Pennsylvania Whistleblower Law is located at 43 Pa. Consol.
Stat. Ann. §§ 1421 – 1428.
Covered Employer
Pennsylvania’s Whistleblower Law generally covers any of the
following employers that receive money from a public body to perform work or
provide services relative to the performance of work for, or the provision of
services to, a public body:
Covered Employee
Covered employees are persons who perform a service for wages or
other remuneration under a contract of hire, written or verbal, express or
implied, for an employer.
Protections
Pursuant to the law, an employer may not discharge, threaten, or
otherwise discriminate or retaliate against an employee in their compensation,
terms, conditions, location, or employment privileges because:
Employers may take disciplinary action against an employee who
filed a report in bad faith.
Disclosure
A whistleblower’s identity may not be disclosed by the appropriate
authority (in receipt of the report) without the whistleblower’s consent unless
disclosure is unavoidable in the investigation of the alleged violation.
Notice
Employers must post notices and use other appropriate means to
notify employees and keep them informed of the protections and obligations
under the Whistleblower Law.
Enforcement
A person who alleges a violation of the act may bring a civil
action for appropriate injunctive relief or damages, or both, within 180 days
after the alleged violation’s occurrence, and the court may order:
A court may also award the complainant all or a portion of the
costs of litigation, including reasonable attorney fees and witness fees, if
the complainant prevails. Of note, it is a defense to an action under the
Whistleblower Law if the defendant (employer) proves by a preponderance of the
evidence that the actions it took occurred for separate and legitimate reasons
that are not merely pretextual.