PRINTER'S NO. 2692

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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.
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     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
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     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.


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