35 Pa. Stat. § 7130.509

Current through P.A. Acts 2024-18

Section 7130.509 - Whistleblower provisions

(a) Adverse action 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 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.

(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.

(c) Remedies.-- The remedies, penalties and enforcement procedures for violations of this section shall be provided in the act of December 12, 1986 (P.L. 1559, No. 169), known as the Whistleblower Law.

(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Appropriate authority." A Federal, state or local government body, agency or organization having jurisdiction over criminal law enforcement or regulatory violations; or a member, officer, agent, representative or supervisory employee of the body, agency or organization. The term includes, but is not limited to, the department, host county, host municipality or other public agency whose functions include public health and safety.

"Employee." A person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied, for an employer.

"Employer." An operator of a low-level waste facility, a contractor developing such a facility or a contractor developing procedures or regulations associated with the Appalachian Compact low-level nuclear waste facility.

"Good faith report." A report of conduct defined in this section as wrongdoing which is made without malice or consideration of personal benefit and which the person making the report has reasonable cause to believe is true.

"Wrongdoing." A violation which is not of a merely technical or minimal nature of a Federal or state statute, regulation, license, permit or order relating to the operation of low-level waste facilities or relating to the preservation of the public health and safety in relation to such facilities.

35 P.S. § 7130.509

1988, Feb. 9, P.L. 31, No. 12, § 509, imd. effective.