HB 2217

Abstract

Creates the Honest Employee Act. Provides that a public employer may not take retaliatory action against an employee who: (a) discloses, threatens to disclose, or is about to disclose to a supervisor or to a public body an activity, policy, or practice of the employer, a co-employee, or another employer that the employee reasonable believes is in violation of a law, or of a rule or regulation promulgated pursuant to law; (b) provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of law or a rule or regulation promulgated pursuant to law by the employer or another employer; (c) discloses, threatens to disclose, or is about to disclose to a supervisor or to a public body, an activity, policy or practice of the employer, a co-employee, or another employer, that the employee reasonably believes is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment; (d) assists or participates in a proceeding to enforce the provisions of this Act; or (e) objects to, opposes, or refuses to participate in any activity, policy, or practice that the employee reasonably believes (i) is in violation of a law, or a rule or regulation promulgated pursuant to law, (ii) is fraudulent or criminal, or (iii) is incompatible with a clear mandate of public policy concerning the public health, safety, or welfare or protection of the environment. Provides that an employee may bring an action against the employer in the circuit court for a violation of this Act. Provides remedies for a violation of this Act. Provides that the rights afforded employees under this Act may not be waived or modified, except through a court-approved settlement agreement reached with the voluntary participation and consent of the employee and employer. Provides that an employer may not require an employee to waive, as a condition of settlement, his or her right to reasonably engage in conduct protected under this Act. Preempts home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Repeals the Whistle Blower Protection Act. Effective immediately.