Whistleblower Protection Law Summaries
Utah, Whistleblower Protection Law Summaries
Utah's whistleblower provisions are found in the Utah Code Annotated, Title 67, Sec. 67-21-3.
DEFINITIONS
“Employee” means a person who performs a service for wages or other remuneration under a contract for hire (Sec. 67-21-2(3)).
“Employer” means the employing state agency or political subdivision of the state and any agent of an employer (Sec. 67-21-2(4)).
“Adverse action” means discharge, threat, or discrimination against an employee in any manner that affects the employee's employment, including compensation, terms, conditions, location, rights, immunities, promotions, or privileges (Sec. 67-21-2(1)).
“Prohibited acts:” An employer may not take adverse actions against an employee because the employee communicates in good faith the existence of any waste of public funds, property, or manpower, or a violation or suspected violation of a federal, state, or local law, rule, or regulation (Sec. 67-21-3(1)(a)).
An employer may not take any adverse actions against an employee because the employee participates or gives information in an investigation, hearing, court proceeding, legislative or other inquiry, or other from of administrative review held by a public body (Sec. 67-21-3(2)).
An employer may not take adverse actions against an employee because the employee has objected to refused to carry out a directive that the employee reasonably believes violates a federal, state, or local law, rules, or regulation (Sec. 67-21-3(3)).
An employer may not implement rules or policies that unreasonably restrict an employee's ability to document the existence of any waste of public funds, property, or manpower, or a violation or suspected violation of any laws, rules, or regulations (Sec. 67-21-3(4)).
COVERAGE
Sec. 67-21-3 prohibited acts apply only to “employers. ” “Employer” means the employing state agency or political subdivision of the state and any agent of an employer (Sec. 67-21-2(4)). Sec. 67-21-3 applies only to public employers and employees.
EXCEPTIONS
The employee must have communicated the wrongdoing in “good faith” for the protection to apply. An employee is presumed to have acted in good faith if the employee gives a written notice or otherwise formally communicates the waste, violation, or reasonable suspicion to the state auditor. The presumption can be rebutted by showing that the employee knew or reasonably ought to have known that the report is malicious, false, or frivolous (Sec. 67-21-3 (1)(b)).
WHAT THE EMPLOYER MUST DO
An employer may not take adverse actions against an employee because the employee communicates in good faith the existence of any waste of public funds, property, or manpower, or a violation or suspected violation of a federal, state, or local law, rule, or regulation (Sec. 67-21-3(1)(a)).
An employer may not take any adverse actions against an employee because the employee participates or gives information in an investigation, hearing, court proceeding, legislative or other inquiry, or other from of administrative review held by a public body (Sec. 67-21-3(2)).
An employer may not take adverse actions against an employee because the employee has objected to refused to carry out a directive that the employee reasonably believes violates a federal, state, or local law, rules, or regulation (Sec. 67-21-3(3)).
An employer may not implement rules or policies that unreasonably restrict an employee's ability to document the existence of any waste of public funds, property, or manpower, or a violation or suspected violation of any laws, rules, or regulations (Sec. 67-21-3(4)).
ENFORCEMENT
An employee who alleges a violation of Utah's whistleblower protection law may bring a civil action for appropriate injunctive relief or actual damages, or both, within 180 days after the occurrence of the alleged violation. “Damages” means damages for injury or loss caused by each violation of the whistleblower protection law (Sec. 67-21-4, as amended by Ch. 177 (S. 128), L. 1999, effective May 3, 1999).
A court, in rendering a judgment in an action brought under Utah's whistleblower protection law, may order reinstatement of the employee at the same level, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages or any combination of these remedies (Sec. 67-21-5, as amended by Ch. 177 (S. 128), L. 1999, effective May 3, 1999).
PENALTIES
A person who violates Utah's whistleblower protection law is liable for a civil fine of not more than $500 (Sec. 67-21-6).
<p>A person who violates Utah's whistleblower protection law is liable for a civil fine of not more than $500 (Sec. 67-21-6).</p>