The amendments will enhance the legal framework surrounding whistleblower protections in the state. Specifically, it ensures that employees who suffer from retaliatory actions due to whistleblowing can seek comprehensive relief, including additional damages. The inclusion of a civil action provision allows the Attorney General to actively enforce the law and pursue cases of retaliation, adding a layer of state oversight that was previously limited. This change is expected to encourage reporting of unlawful acts without fear of professional repercussions for individuals who act in good faith.
SB3509 amends the Whistleblower Act, seeking to strengthen protections for employees who disclose or threaten to disclose information about their employer’s actions that are believed to violate state or federal laws. The bill revises the definitions of key terms such as 'employer,' 'employee,' 'adverse employment action,' and 'retaliatory action,' clarifying the circumstances under which an employer is prohibited from retaliating against an employee. Notably, employees are protected when they report, in good faith, any activity or policy that poses a danger to public health or safety, or that violates existing legal statutes.
One potential point of contention surrounding SB3509 is the increased scope of what constitutes retaliatory action, which may lead to employers facing greater scrutiny over their employment practices. The bill allows for increased penalties for violations, which may be viewed by some businesses as excessively punitive. Furthermore, the definition changes could create challenges for employers to navigate the updated legal landscape, possibly leading to unintended consequences in terms of employee relations and management policies. Critics may argue that while enhanced protections are necessary, the broadening of retaliatory definitions could lead to frivolous lawsuits.