PRINTER'S NO. 154
No. 157 Session of 1991
INTRODUCED BY D. R. WRIGHT, ITKIN, STEIGHNER, MIHALICH, COHEN,
FEE, KOSINSKI, TANGRETTI, F. TAYLOR, TRELLO, FREEMAN, BILLOW,
GIGLIOTTI, PISTELLA, WILLIAMS, LLOYD, McGEEHAN, PERZEL,
COWELL, WAMBACH, HECKLER, DeLUCA, BUNT, JOHNSON, HERMAN,
PRESTON, HAYDEN, SCRIMENTI, MELIO, HALUSKA, FOX, LAUGHLIN,
KUKOVICH, BELFANTI, BLAUM, HERSHEY, KASUNIC, COY, COLAFELLA,
CAPPABIANCA, JOSEPHS, TIGUE, BUTKOVITZ, M. N. WRIGHT, FAJT,
BELARDI, VEON AND E. Z. TAYLOR, JANUARY 29, 1991
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 29, 1991
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, providing protection for public
3 utility employees who report a violation or suspected
4 violation of Federal, State or local law; providing
5 protection for such employees who participate in
6 investigations, hearings, inquiries or court actions; and
7 prescribing remedies and penalties.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Title 66 of the Pennsylvania Consolidated
11 Statutes is amended by adding a section to read:
12 § 3316. Protection of public utility employees.
13 (a) Persons not to be discharged.--No employer may
14 discharge, threaten or otherwise discriminate or retaliate
15 against an employee regarding the employee's compensation,
16 terms, conditions, location or privileges of employment because
17 the employee or a person acting on behalf of the employee made
1 or was about to make a good faith report, verbally or in
2 writing, to the employer, the commission, the Office of Consumer
3 Advocate or the Office of Attorney General on an instance of
4 wrongdoing or waste.
5 (b) Discrimination prohibited.--No employer may discharge,
6 threaten or otherwise discriminate or retaliate against an
7 employee regarding the employee's compensation, terms,
8 conditions, location or privileges of employment because the
9 employee is requested by the commission, the Office of Consumer
10 Advocate or the Office of Attorney General to participate in an
11 investigation, hearing or inquiry held by the commission or in a
12 court action relating to the public utility.
13 (c) Civil action.--A person who alleges a violation of this
14 section may bring a civil action in a court of competent
15 jurisdiction for appropriate injunctive relief or damages, or
16 both, within 180 days after the occurrence of the alleged
17 violation.
18 (d) Necessary showing of evidence.--An employee alleging a
19 violation of this section must show by a preponderance of the
20 evidence that, prior to the alleged reprisal, the employee or a
21 person acting on behalf of the employee had reported or was
22 about to report in good faith, verbally or in writing, an
23 instance of wrongdoing or waste to the employer, the commission,
24 the Office of Consumer Advocate or the Office of Attorney
25 General.
26 (e) Defense.--It shall be a defense to an action under this
27 section if the defendant proves by a preponderance of the
28 evidence that the action by the employer occurred for separate
29 and legitimate reasons, which are not merely pretextual.
30 (f) Enforcement.--A court, in rendering a judgment in an
19910H0157B0154 - 2 -
1 action brought under this section, shall order, as the court
2 considers appropriate, reinstatement of the employee, the
3 payment of back wages, full reinstatement of fringe benefits and
4 seniority rights, actual damages or any combination of these
5 remedies. A court shall also award the complainant all or a
6 portion of the costs of litigation, including reasonable
7 attorney fees and witness fees, if the court determines that the
8 award is appropriate.
9 (g) Penalties.--A person who, under color of an employer's
10 authority, violates this section shall be liable for a civil
11 fine of not more than $500. A civil fine which is ordered under
12 this section shall be paid to the State Treasurer for deposit
13 into the General Fund.
14 (h) Notice.--An employer shall post notices and use other
15 appropriate means to notify employees and keep them informed of
16 protections and obligations under this section.
17 (i) Definitions.--As used in this section, the following
18 words and phrases shall have the meanings given to them in this
19 subsection:
20 "Employee." A person who performs a service for wages or
21 other remuneration under a contract of hire, written or oral,
22 express or implied, for a public utility.
23 "Employer." A person supervising one or more employees,
24 including the employee in question, a superior or an agent of a
25 public utility.
26 "Good faith report." A report which is made without malice
27 or consideration of personal benefit and which is made with
28 reasonable cause to believe in its truth.
29 "Waste." An employer's conduct or omissions which result in
30 substantial abuse, misuse, destruction or loss of funds or
19910H0157B0154 - 3 -
1 resources belonging to or derived from a public utility.
2 "Wrongdoing." A violation which is not of a merely technical
3 or minimal nature of a Federal or State statute or regulation or
4 of a political subdivision ordinance or regulation or of a code
5 of conduct or ethics designed to protect the interest of the
6 public or the employer.
7 Section 2. This act shall take effect immediately.
A17L66VDL/19910H0157B0154 - 4 -