PRINTER'S NO. 2692
No. 2149 Session of 1991
INTRODUCED BY VEON, DeWEESE, COHEN, KUKOVICH, KOSINSKI, MIHALICH, TRELLO, GIGLIOTTI, SALOOM, KRUSZEWSKI, FEE, LAUGHLIN, BILLOW, ACOSTA, FAJT, VAN HORNE, ULIANA, DALEY, LEVDANSKY, JOSEPHS, LESCOVITZ, LAWLESS, FREEMAN, BROUJOS AND BELARDI, NOVEMBER 13, 1991
REFERRED TO COMMITTEE ON LABOR RELATIONS, NOVEMBER 13, 1991
AN ACT 1 Amending the act of December 12, 1986 (P.L.1559, No.169), 2 entitled "An act providing protection for employees who 3 report a violation or suspected violation of State, local or 4 Federal law; providing protection for employees who 5 participate in hearings, investigations, legislative 6 inquiries or court actions; and prescribing remedies and 7 penalties," extending the act to include private employers. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. The definitions of "employee," "employer," 11 "waste" and "whistleblower" in section 2 of the act of December 12 12, 1986 (P.L.1559, No.169), known as the Whistleblower Law, are 13 amended and the section is amended by adding definitions to 14 read: 15 Section 2. Definitions. 16 The following words and phrases when used in this act shall 17 have the meanings given to them in this section unless the 18 context clearly indicates otherwise: 19 * * *
1 "Employee." A person who performs a service for wages or 2 other remuneration under a contract of hire, written or oral, 3 express or implied, for a public body or a private employer. 4 ["Employer." A person supervising one or more employees, 5 including the employee in question; a superior of that 6 supervisor; or an agent of a public body.] 7 * * * 8 "Government employer." A person supervising one or more 9 employees, including the employee in question; a superior of 10 that supervisor; or an agent of a public body. 11 "Private employer." A natural person, partnership, 12 unincorporated association, joint stock company, corporation or 13 receiver, trustee or similar officer of a court who employs one 14 or more employees. The term includes a person supervising one or 15 more employees on behalf of, or an agent of, a natural person, 16 partnership, unincorporated association, joint stock company, 17 corporation or receiver, trustee or similar officer of a court. 18 * * * 19 "Waste." [An employer's conduct] Conduct or omissions 20 occurring within a public body which result in substantial 21 abuse, misuse, destruction or loss of funds or resources 22 belonging to or derived from Commonwealth or political 23 subdivision sources. 24 "Whistleblower." A person who witnesses or has evidence of 25 wrongdoing or waste in the case of an employee of a public body, 26 or wrongdoing in the case of an employee of a private employer, 27 while employed and who makes a good faith report of the 28 wrongdoing or waste, in the case of an employee of a public 29 body, or wrongdoing in the case of an employee of a private 30 employer, verbally or in writing, to one of the person's 19910H2149B2692 - 2 -
1 superiors, to an agent of the employer or to an appropriate 2 authority. 3 * * * 4 Section 2. Sections 3, 4, 6, 7 and 8 of the act are amended 5 to read: 6 Section 3. Protection of employees. 7 (a) Persons not to be discharged.-- 8 (1) No government employer may discharge, threaten or 9 otherwise discriminate or retaliate against an employee 10 regarding the employee's compensation, terms, conditions, 11 location or privileges of employment because the employee or 12 a person acting on behalf of the employee makes a good faith 13 report or is about to report, verbally or in writing, to the 14 employer or appropriate authority an instance of wrongdoing 15 or waste. 16 (2) No private employer may discharge, threaten or 17 otherwise discriminate or retaliate against an employee 18 regarding the employee's compensation, terms, conditions, 19 location or privileges of employment because the employee or 20 a person acting on behalf of the employee makes a good faith 21 report or is about to report, verbally or in writing, to the 22 employer or appropriate authority an instance of wrongdoing. 23 (b) Discrimination prohibited.--No government employer or 24 private employer may discharge, threaten or otherwise 25 discriminate or retaliate against an employee regarding the 26 employee's compensation, terms, conditions, location or 27 privileges of employment because the employee is requested by an 28 appropriate authority to participate in an investigation, 29 hearing or inquiry held by an appropriate authority or in a 30 court action. 19910H2149B2692 - 3 -
1 Section 4. Remedies. 2 (a) Civil action.--A person who alleges a violation of this 3 act may bring a civil action in a court of competent 4 jurisdiction for appropriate injunctive relief or damages, or 5 both, within 180 days after the occurrence of the alleged 6 violation. 7 (b) Necessary showing of evidence.-- 8 (1) An employee of a public body alleging a violation of 9 this act must show by a preponderance of the evidence that, 10 prior to the alleged reprisal, the employee or a person 11 acting on behalf of the employee had reported or was about to 12 report in good faith, verbally or in writing, an instance of 13 wrongdoing or waste to the government employer or an 14 appropriate authority. 15 (2) An employee of a private employer alleging a 16 violation of this act must show by a preponderance of the 17 evidence that, prior to the alleged reprisal, the employee or 18 a person acting on behalf of the employee had reported or was 19 about to report in good faith, verbally or in writing, an 20 instance of wrongdoing to the private employer or an 21 appropriate authority. 22 (c) Defense.--It shall be a defense to an action under this 23 section if the defendant proves by a preponderance of the 24 evidence that the action by the government employer or private 25 employer occurred for separate and legitimate reasons, which are 26 not merely pretextual. 27 (d) Civil service employees.--An employee covered by civil 28 service who contests a civil service action, believing it to be 29 motivated by his having made a good faith report, verbally or in 30 writing, of an instance of wrongdoing or waste, may submit as 19910H2149B2692 - 4 -
1 admissible evidence any or all material relating to the action 2 as whistleblower and to the resulting alleged reprisal. 3 Section 6. Penalties. 4 A person who, under color of [an] a government employer's or 5 a private employer's authority, violates this act shall be 6 liable for a civil fine of not more than $500. Additionally, 7 except where the person holds an elected public office, if the 8 court specifically finds that the person, while in the 9 employment of the Commonwealth or a political subdivision, 10 committed a violation of this act with the intent to discourage 11 the disclosure of criminal activity, the court may order the 12 person's suspension from public service for not more than six 13 months. A civil fine which is ordered under this section shall 14 be paid to the State Treasurer for deposit into the General 15 Fund. 16 Section 7. Construction. 17 This act shall not be construed to require [an] a government 18 or a private employer to compensate an employee for 19 participation in an investigation, hearing or inquiry held by an 20 appropriate authority, or impair the rights of any person under 21 a collective bargaining agreement. 22 Section 8. Notice. 23 [An employer] Government employers and private employers 24 shall post notices and use other appropriate means to notify 25 employees and keep them informed of protections and obligations 26 under this act. 27 Section 3. This act shall take effect in 60 days. H20L43WMB/19910H2149B2692 - 5 -