WHISTLEBLOWER LAW
Act of Dec. 12, 1986, P.L. 1559, No. 169 Cl. 43
AN ACT
Providing protection for employees who report a violation or
suspected violation of State, local or Federal law; providing
protection for employees who participate in hearings,
investigations, legislative inquiries or court actions; and
prescribing remedies and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Whistleblower
Law.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Appropriate authority." A Federal, State or local
government body, agency or organization having jurisdiction over
criminal law enforcement, regulatory violations, professional
conduct or ethics, or waste; or a member, officer, agent,
representative or supervisory employee of the body, agency or
organization. The term includes, but is not limited to, the
Office of Attorney General, the Department of the Auditor
General, the Treasury Department, the General Assembly and
committees of the General Assembly having the power and duty to
investigate criminal law enforcement, regulatory violations,
professional conduct or ethics, or waste.
"Employee." A person who performs a service for wages or
other remuneration under a contract of hire, written or oral,
express or implied, for a public body.
"Employer." A person supervising one or more employees,
including the employee in question; a superior of that
supervisor; or an agent of a public body.
"Good faith report." A report of conduct defined in this act
as wrongdoing or waste which is made without malice or
consideration of personal benefit and which the person making
the report has reasonable cause to believe is true.
"Public body." All of the following:
(1) A State officer, agency, department, division,
bureau, board, commission, council, authority or other body
in the executive branch of State government.
(2) A county, city, township, regional governing body,
council, school district, special district or municipal
corporation, or a board, department, commission, council or
agency.
(3) Any other body which is created by Commonwealth or
political subdivision authority or which is funded in any
amount by or through Commonwealth or political subdivision
authority or a member or employee of that body.
"Waste." An employer's conduct or omissions which result in
substantial abuse, misuse, destruction or loss of funds or
resources belonging to or derived from Commonwealth or political
subdivision sources.
"Whistleblower." A person who witnesses or has evidence of
wrongdoing or waste while employed and who makes a good faith
report of the wrongdoing or waste, verbally or in writing, to
one of the person's superiors, to an agent of the employer or to
an appropriate authority.
"Wrongdoing." A violation which is not of a merely technical
or minimal nature of a Federal or State statute or regulation,
of a political subdivision ordinance or regulation or of a code
of conduct or ethics designed to protect the interest of the
public or the employer.
Section 3. Protection of employees.
(a) Persons not to be discharged.--No employer may
discharge, threaten or otherwise discriminate or retaliate
against an employee regarding the employee's compensation,
terms, conditions, location or privileges of employment because
the employee or a person acting on behalf of the employee makes
a good faith report or is about to report, verbally or in
writing, to the employer or appropriate authority an instance of
wrongdoing or waste.
(b) Discrimination prohibited.--No employer may discharge,
threaten or otherwise discriminate or retaliate against an
employee regarding the employee's compensation, terms,
conditions, location or privileges of employment because the
employee is requested by an appropriate authority to participate
in an investigation, hearing or inquiry held by an appropriate
authority or in a court action.
Section 4. Remedies.
(a) Civil action.--A person who alleges a violation of this
act may bring a civil action in a court of competent
jurisdiction for appropriate injunctive relief or damages, or
both, within 180 days after the occurrence of the alleged
violation.
(b) Necessary showing of evidence.--An employee alleging a
violation of this act must show by a preponderance of the
evidence that, prior to the alleged reprisal, the employee or a
person acting on behalf of the employee had reported or was
about to report in good faith, verbally or in writing, an
instance of wrongdoing or waste to the employer or an
appropriate authority.
(c) Defense.--It shall be a defense to an action under this
section if the defendant proves by a preponderance of the
evidence that the action by the employer occurred for separate
and legitimate reasons, which are not merely pretextual.
(d) Civil service employees.--An employee covered by civil
service who contests a civil service action, believing it to be
motivated by his having made a good faith report, verbally or in
writing, of an instance of wrongdoing or waste, may submit as
admissible evidence any or all material relating to the action
as whistleblower and to the resulting alleged reprisal.
Section 5. Enforcement.
A court, in rendering a judgment in an action brought under
this act, shall order, as the court considers appropriate,
reinstatement of the employee, the payment of back wages, full
reinstatement of fringe benefits and seniority rights, actual
damages or any combination of these remedies. 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 court determines that the award is appropriate.
Section 6. Penalties.
A person who, under color of an employer's authority,
violates this act shall be liable for a civil fine of not more
than $500. Additionally, except where the person holds an
elected public office, if the court specifically finds that the
person, while in the employment of the Commonwealth or a
political subdivision, committed a violation of this act with
the intent to discourage the disclosure of criminal activity,
the court may order the person's suspension from public service
for not more than six months. A civil fine which is ordered
under this section shall be paid to the State Treasurer for
deposit into the General Fund.
Section 7. Construction.
This act shall not be construed to require an employer to
compensate an employee for participation in an investigation,
hearing or inquiry held by an appropriate authority, or impair
the rights of any person under a collective bargaining
agreement.
Section 8. Notice.
An employer shall post notices and use other appropriate
means to notify employees and keep them informed of protections
and obligations under this act.
Section 9. Effective date.
This act shall take effect in 60 days.
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