Wednesday, February 10, 2010

Whistleblower Protection Act passes House by vote 67-1

Just yesterday, Tuesday, the Whistleblower Protection Act, House Bill 165, passed the House by a vote of 67-1.

The legislation would allow government employees to sue their employers if they’re retaliated against for reporting government corruption, testifying before a public body or refusing to participate in unlawful activity.

The bipartisan amendment, sponsored by Reps. Todd Platts, R-Pa., and Chris Van Hollen, D-Md., ensures that federal whistleblowers will be protected from retaliation. Current whistleblower laws on the books fail to protect federal whistleblowers from being fired, demoted or harassed. Since 1994, federal workers who were retaliated against have won less than 1 percent of their cases, noted the Government Accountability Project, an organization dedicated to whistleblower protection. (makitsafecampaign.org)

“The overwhelming support for the Whistleblower Protection Act reflects our commitment to protect public employees who come forward and disclose unlawful conduct in state government, or who refuse to join that unlawful activity,” Cervantes said in a news release. “These reforms prohibit retaliation against those who report government corruption and protect those who see government service as a public trust.”

As stated in an article, under the legislation, a public employer is prohibited from taking retaliatory action against a public employee who:
• Discloses or threatens to disclose activity, policy or practice of the public employer that is unlawful or improper, or that the public employee believes is unlawful or improper.
• Provides information or testifies as part of an investigation, hearing or inquiry into an unlawful or improper act.
• Objects or refuses to participate in an activity, policy or practice that is unlawful or improper.

The bill provides that a public employer is liable to the public employee for:
• Actual damages.
• Reinstatement with same seniority.
• Two times the amount of back pay, with interest.
• Special damages.
• Litigation costs and attorney fees.

The bill now heads to the Senate for consideration.

Sources:
Haussamen, Heath. "House passes Whistleblower Protection Act." The New Mexico Independent. 09 Feb. 2010. Web. 10 Feb. 2010.
"House passes stimulus bill with protections for federal whistleblowers." Make It Safe News. 2 Feb. 2010. Web. 10 Feb. 2010.

0 comments:

Post a Comment