Whistleblower Protection Law Summaries
Kentucky, Whistleblower Protection Law Summaries
Kentucky's whistleblower provisions are in the Revised Statutes, Chapter 207 Sec. 207.170(1), Chapter 338 Sec. 338.121(3).
DEFINITIONS
“Employer” as defined under Sec. 207.170(1) means a person or governmental unit or officer in the state having in his or its employ eight or more individuals; and any person acting in the interest of such an employer, directly or indirectly (Sec. 207.130(3)).
“Employers” and “employees” under Sec. 338.121(3) include all employers and employees in the state except for employees of the United States government and employers and employees over whom the federal agencies (other than Occupational Safety and Health Administration of the U.S. Labor Department) exercise statutory authority to prescribe and enforce standards affecting occupational safety and health (Sec. 338.020(1)).
“Prohibited Acts:” Employers may not discharge, expel, refuse to hire, or otherwise discriminate against any person or applicant for employment because such person has opposed any practice made unlawful under Kentucky's Equal Opportunities Act or because such person has filed a charge, testified, assisted, or participated in any manner in an investigation, citizen's action suit, proceeding, or hearing under the Equal Opportunities Act (Sec. 207.170(1)).
No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted any proceeding under or related to Kentucky Occupational Safety and Health Laws (Chapter 338) or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others any rights afforded under the Kentucky Occupational Safety and Health Laws (Sec. 338.121(3)(a)).
COVERAGE
“Employers” as defined under Sec. 207.170(1) means a person or governmental unit or officer in the state having in his or its employ eight or more individuals; and any person acting in the interest of such an employer, directly or indirectly (Sec. 207.130(3)). “Employers” and “employees” under Sec. 338.121(3) include all employers and employees in the state except for employees of the United States government and employers and employees over whom the federal agencies (other than Occupational Safety and Health Administration of the U.S. Labor Department) exercise statutory authority to prescribe and enforce standards affecting occupational safety and health (Sec. 338.020(1)).
EXCEPTIONS
Kentucky law does not specify any exceptions under Sec. 207.170(1) or Sec. 338.121(3).
PROCEDURES
A person aggrieved under alleged violations of sec. 207.170(1) may file a formal administrative complaint with the Department of Workplace Standards. Upon such filing, the Department is authorized to examine witnesses under oath and subpoena the attendance of witnesses and documents related to the subject matter of the investigation (Sec. 207.210(1)). If the Department determines that the alleged violation did not occur, it must dismiss the complaint (Sec. 207.210(2)). If the Department finds that the employer has engaged in unlawful practice, the department must state its findings and issue an order requiring the employer to cease and desist.(Sec. 207.210(3)). The Department may also require the employer to rehire, reinstate, give back pay to the aggrieved individual (Sec. 207.210(4)). Not withstanding the administrative procedure, any aggrieved person alleging violation of Sec. 207.170(1) may bring a civil suit in the circuit court to enjoin further violations and to recover actual damages (Sec. 270.230(1)). The action must be brought no earlier than 30 days after the plaintiff has given notice of the violation to the Commissioner of Workplace Standards.
Any employee who believes he or she has been discharged or other wise discriminated against in violation of Sec. 338.121(3)(a) may, within a reasonable period of time after such violation occurs, file a complaint with the Commissioner of the Kentucky Department of Workplace Standards alleging such discrimination. Upon receipt of the complaint, the Commissioner must conduct an investigation of the alleged violations. If the Commissioner determines that the provisions of the section was violated, the Commissioner must issue a citation to the employer which may be challenged or contested. Upon initial determination that the employee has been discharged in violation of the Section, the secretary may order reinstatement of the employee pending the final determination and order of the Kentucky Occupational Safety and Health Review Commission (Sec. 338.121(3)(b)). Any party adversely affected by the final order of the Review Commission may appeal within 30 days to the Franklin Circuit Court (Sec. 338.091(1)).
WHAT THE EMPLOYER MUST DO
Fair employment practices.- Employers may not discharge, expel, refuse to hire, or otherwise discriminate against any person or applicant for employment because such person has opposed any practice made unlawful under Kentucky's Equal Opportunities Act or because such person has filed a charge, testified, assisted, or participated in any manner in an investigation, citizen's action suit, proceeding, or hearing under the Equal Opportunities Act (Sec. 207.170(1)).
Safety and health.- No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted any proceeding under or related to Kentucky Occupational Safety and Health Laws (Chapter 338) or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others any rights afforded under the Kentucky Occupational Safety and Health Laws (Sec. 338.121(3)(a)).
ENFORCEMENT
The Kentucky Department of Workplace Standards is authorized to enforce the employment provisions of Sec. 270.170(1) in conjunction with the Attorney General's office and the state courts (Sec. 207.200(1)).
The Commissioner of the Kentucky Department of Workplace Standards and Kentucky Occupational Safety and Health Review Commission are responsible for enforcing the provisions of Sec. 38.121(3).
WHO TO CONTACT
The Kentucky Department of Workplace Standards is authorized to enforce the employment provisions of Sec. 270.170(1) in conjunction with the Attorney General's office and the state courts. (Sec. 207.200(1)).The Commissioner of the Kentucky Department of Workplace Standards and Kentucky Occupational Safety and Health Review Commission are responsible for enforcing the provisions of Sec. 38.121(3).
POSTING
The Department of Workplace Standards may order the employer to post notices in conspicuous places in form prescribed by the Department of Workplace Standards (Sec. 207.210(4)(e)).
PENALTIES
There are no penalties for violating Sec. 270.170(1) provisions. Any employer who willfully or repeatedly violates the requirements of Sec. 338.121(3) may be assessed a civil penalty of up to $70,000 for each violations, but not less than $5,000 for each willful violation (Sec. 338.991(1)).
Any employer who has received a citation for any violations may be assessed a civil penalty of up to $7,000 for each violations (Sec. 338.991(2), (3)).
Any employer who fails to correct a violation for which a citation has been issued within a period permitted for its correction may be assessed a civil penalty of up to $7,000 for each day during which such failure or violation continues (Sec. 338.991(4)).
<p>Any employer who fails to correct a violation for which a citation has been issued within a period permitted for its correction may be assessed a civil penalty </p>