Whistleblower Protection Law Summaries
Iowa, Whistleblower Protection Law Summaries
Iowa's whistleblower provisions are found in the Code of Iowa, Chapter 19A, Sec. 19A.19; Chapter 70A, Secs. 70A.28, 70A.29; Chapter 88, Sec. 88.9(3); Chapter 216, Sec. 216.11.
DEFINITIONS
For purposes of Sec. 70A.28, “state employee” and “employee” includes, but is not limited to, persons employed by the general assembly and persons employed by the State Board of Regents (Sec. 70A.28, as amended by H.F. 2324, L. 1995, effective April 16, 1996).
“Prohibited acts:” A person must not discharge an employee from or take or fail to take action regarding an employee's appointment or proposed appointment to, promotion or proposed promotion to, or any advantage in, a position in a merit system administered by or subject to the approval of the Director of the Iowa Department of Personnel as a reprisal for a failure by that employee to inform the person that the employee made a disclosure of information permitted by this section, or for a disclosure of any information by that employee to a member or employee of the general assembly or to any other public official or law enforcement agency if the employee reasonably believes the information evidences a violation of law or rule, mismanagement, a gross abuse of funds, an abuse of authority, or a substantial and specific danger to public health or safety (Sec. 19A.19, as amended by H.F. 2324, L. 1995, effective April 16, 1996).
However, an employee may be required to inform the person that the employee made a disclosure of information permitted by this section if the employee represented that the disclosure was the official position of the employee's immediate supervisor or employer (Sec. 19A.19, as amended by H.F. 2324, L. 1995, effective April 16, 1996).
A person serving as the head of a state agency or department or in some other supervisory capacity within the executive or legislative branch of state government cannot require an employee of the state to inform the person that the employee made a disclosure of information permitted by this section and cannot prohibit an employee of the state from disclosing information to the general assembly or to any other public official or law enforcement agency if the employee reasonably believes the information evidences a violation of law or rule, mismanagement, a gross abuse of funds, an abuse of authority, or a substantial and specific danger to public health or safety (Sec. 70A.28(1), as amended by H.F. 2324, L. 1995, effective April 16, 1996).
However, an employee may be required to inform the person that the employee made a disclosure of information permitted by this section if the employee represented that the disclosure was the official position of the employee's immediate supervisor or employer (Sec. 70A.28(1), as amended by H.F. 2324, L. 1995, effective April 16, 1996).
See also WHAT THE EMPLOYER MUST DO below.
A person shall not discharge an employee from or take or fail to take action regarding an employee's appointment or proposed appointment to, or any advantage in, a position in employment by a political subdivision of the state as a reprisal for disclosure of any information by that employee to a member or employee of the general assembly or to any other public or law enforcement official if the employee reasonably believes the information evidences violation of law or rule, mismanagement, a gross abuse of funds, an abuse of authority, or a substantial and specific danger to public health or safety (Sec. 70A.29(1)).
An employer must not discharge or in any manner discriminate against an employee because such employee has filed a complaint or instituted a proceeding under Iowa's Occupational Safety and Health laws. An employer must not discharge or in any manner discriminate against an employee who, with no reasonable alternative, refuses in good faith to expose the employee's self to a dangerous condition. For this protection to apply, an employee must first attempt to seek correction of the dangerous condition through regular statutory enforcement channels, unless there is insufficient time due to the urgency of the situation. (Sec. 88.9(3)).
It is unfair or discriminatory practice for any person to discriminate or retaliate against another person because such person has lawfully opposed any practice under forbidden under the Iowa Civil Rights Act, obeys the law's provisions, or has filed a complaint, testified, or assisted in any proceeding under the law (Sec. 216.11(2)).
COVERAGE
The prohibition of Secs. 19A.19, 70A.28, and 70A.29 apply only to public entities.
Section 88.9(3) prohibitions apply to all employers having one or more employees in the state (Sec. 88.3(5)). Section 216.11 prohibitions apply to “any person,” meaning any employer.
EXCEPTIONS
The prohibitions of Secs. 19A.19, 70A.28, and 70A.29 do not apply if the disclosure of the information is prohibited by a statute.
PROCEDURES
Prohibitions under Sec. 70A.28 or Sec. 70A.29 may be enforced through civil action. An aggrieved employee may receive reinstatement, back pay or other equitable relief the court deems appropriate (Sec. 70A.28(5), 70A.29(3)).
An employee discharged or otherwise discriminated against in violation of 88.9(3) may file within 30 days a complaint with the Labor Commissioner alleging discrimination. If upon investigation, the commissioner determines that the section has been violated, the commissioner must bring an action in the district court. The court has jurisdiction to restrain any violations and order all appropriate relief. The commissioner must notify the complainant of the determination within 90 days of the receipt of the complaint (Sec. 88.9(3)).
Any person claiming to be aggrieved under Sec. 216.11(2) may file with the Iowa Civil Rights Commission a written complaint. The commission must promptly investigate and issue a recommendation to an administrative law judge who will then issue a determination of probable cause, or no probable cause. If the judge finds probable cause, the commission must use informal methods to stop the unfair practice. If the efforts fail, then a formal hearing before the Commission must be conducted (Sec. 216.15, as amended by H. 667, L. 1997, effective July 1, 1999). Judicial review of the commission's final determination may be had by filing a petition within 30 days of the final order (Sec. 216.17, as amended by H. 667, L. 1997, effective July 1, 1999).
WHAT THE EMPLOYER MUST DO
A person must not discharge an employee from or take or fail to take action regarding an employee's appointment or proposed appointment to, promotion or proposed promotion to, or any advantage in, a position in a merit system administered by or subject to the approval of the Director of the Iowa Department of Personnel as a reprisal for a failure by that employee to inform the person that the employee made a disclosure of information permitted by this section, or for a disclosure of any information by that employee to a member or employee of the general assembly or to any other public official or law enforcement agency if the employee reasonably believes the information evidences a violation of law or rule, mismanagement, a gross abuse of funds, an abuse of authority, or a substantial and specific danger to public health or safety (Sec. 19A.19, as amended by H.F. 2324, L. 1995, effective April 16, 1996).
However, an employee may be required to inform the person that the employee made a disclosure of information permitted by this section if the employee represented that the disclosure was the official position of the employee's immediate supervisor or employer (Sec. 19A.19, as amended by H.F. 2324, L. 1995, effective April 16, 1996).
A person serving as the head of a state agency or department or in some other supervisory capacity within the executive or legislative branch of state government cannot require an employee of the state to inform the person that the employee made a disclosure of information permitted by this section and cannot prohibit an employee of the state from disclosing information to the general assembly or to any other public official or law enforcement agency if the employee reasonably believes the information evidences a violation of law or rule, mismanagement, a gross abuse of funds, an abuse of authority, or a substantial and specific danger to public health or safety (Sec. 70A.28(1), as amended by H.F. 2324, L. 1995, effective April 16, 1996).
However, an employee may be required to inform the person that the employee made a disclosure of information permitted by this section if the employee represented that the disclosure was the official position of the employee's immediate supervisor or employer (Sec. 70A.28(1), as amended by H.F. 2324, L. 1995, effective April 16, 1996).
A person shall not discharge an employee from or take or fail to take action regarding an employee's appointment or proposed appointment to, promotion or proposed promotion to, or any advantage in, a position in a state employment system administered by, or subject to approval of, a state agency as a reprisal for a failure by that employee to inform the person that the employee made a disclosure of information permitted by this section, or for a disclosure of any information by that employee to a member or employee of the general assembly, a disclosure of information to the office or citizens' aide or a disclosure of information to any other public official or law enforcement agency if the employee reasonably believes the information evidences a violation of law or rule, mismanagement, a gross abuse of funds, an abuse of authority, or a substantial and specific danger to public health or safety (Sec. 70A.28(2), as amended by S. 2410, L. 2005, enacted June 1, 2006).
However, an employee may be required to inform the person that the employee made a disclosure of information permitted by this section if the employee represented that the disclosure was the official position of the employee's immediate supervisor or employer (Sec. 70A.28(2)).
Section 70A.28(2) just above may also be enforced by an employee through an administrative action pursuant to the requirements of this subsection if the employee is not a merit system employee or an employee covered by a collective bargaining agreement. An employee eligible to pursue an administrative action pursuant to this subsection who is discharged, suspended, demoted, or otherwise reduced in pay and who believes the adverse employment action was taken as a result of the employee's disclosure of information that was authorized pursuant to Sec. 70A.28(2), may file an appeal of the adverse employment action with the public employment relations board within 30 calendar days following the later of the effective date of the action or the date a finding is issued to the employee by the office of the citizens' aide. The findings issued by the citizens' aide may be introduced as evidence before the public employment relations board. The employee has the right to a hearing closed to the public, but may request a public hearing. The hearing shall otherwise be conducted in accordance with the rules of the public employment relations board and the Iowa administrative procedure Act. If the public employment relations board finds that the action taken by the person appointing the employee was in violation of Sec. 70A.28(2), the employee may be reinstated without loss of pay or benefits for the elapsed period, or the public employment relations board may provide other appropriate remedies. Decisions by the public employment relations board constitute final agency action (Sec. 70A.28(5A), as added by S. 2410, L. 2005, enacted June 1, 2006).
A person may not discharge an employee from or take or fail to take action regarding an employee's appointment or proposed appointment to, or any advantage in, a position in employment by a political subdivision of the state as a reprisal for disclosure of any information by that employee to a member or employee of the general assembly or to any other public or law enforcement official if the employee reasonably believes the information evidences violation of law or rule, mismanagement, a gross abuse of funds, an abuse of authority, or a substantial and specific danger to public health or safety (Sec. 70A.29(1)).
Safety and health.- An employer must not discharge or in any manner discriminate against an employee because such employee has filed a complaint or instituted a proceeding under Iowa's occupational safety and health laws. An employer must not discharge or in any manner discriminate against an employee who, with no reasonable alternative, refuses in good faith to expose the employee's self to a dangerous condition. For this protection to apply, an employee must first attempt to seek correction of the dangerous condition through regular statutory enforcement channels, unless there is insufficient time due to the urgency of the situation. (Sec. 88.9(3)).
Fair employment practices.- It is unfair or discriminatory practice for any person to discriminate or retaliate against another person because such person has lawfully opposed any practice under forbidden under the Iowa Civil Rights Act, obeys the law's provisions, or has filed a complaint, testified, or assisted in any proceeding under the law (Sec. 216.11(2)).
NOTICE
The Director of the Department of Personnel or, for employees of the general assembly or of the State Board of Regents, the Legislative Council or the State Board of Regents, respectively, will provide procedures for notifying new state employees of their whistleblower protection rights and will periodically conduct promotional campaigns to provide similar information to state employees. The information must include the toll-free telephone number of the citizens' aide (Sec. 70A.28(7), as amended by H.F. 2324, L. 1995, effective April 16, 1996).
ENFORCEMENT
Civil enforcement is the only remedy available under Sec. 70A.28 and 70A.29. The Labor Commissioner is entrusted with enforcing Sec. 88.9(3) prohibitions. The Civil Rights Commission is initially entrusted with the enforcement of Sec. 216.11(2) prohibitions.
WHO TO CONTACT
The Labor Commissioner is entrusted with enforcing Sec. 88.9(3) prohibitions. The Civil Rights Commission is entrusted with the initial enforcement of Sec. 216.11(2) prohibitions.
PENALTIES
Any person who willfully violates Sec. 19A.19, 70A.28, or 70A.29 commits a simple misdemeanor (Sec. 19.20, 70A.28(4), 70A.29(2)).
<p>Any person who willfully violates Sec. 19A.19, 70A.28, or 70A.29 commits a simple misdemeanor (Sec. 19.20, 70A.28(4), 70A.29(2)).</p>