2011 Whistleblower Legislation

Whistleblower, retailiation or false claims legislation was introduced in 27 states and Puerto Rico during the 2011 legislative session.  Bills were enacted in 32 states and Puerto Rico.

A-CD-H | I-L|M | N| O-R | S-U| V-W
STATE

BILL SUMMARY

Alabama
 
Alaska
 
Arizona
AZ H 2629    Patterson (D)
Title:    False Claims
Status:    Failed - Adjourned
Summary:    Relates to false claims against the state; provides for investigations and prosecutions, actions, and civil penalties; prohibits employer interference with employee disclosures concerning such claims.

AZ S 1130    Gray L (R)
Title:    Unlawful Sexual Conduct and Probation Employees
Status:    Enacted 04/25/2011
Summary:    Relates to unlawful sexual conduct; relates to probation employees; provides that an adult probation department employee or juvenile court employee commits unlawful sexual conduct if the employee knowingly coerces the victim to engage in sexual contact, oral sexual contact or sexual intercourse by threats or by offering to influence a release status; relates to victims under fifteen years of age; provides a penalty for a false report.
04/26/2011    Chapter No. 226
Arkansas
 
California
CA A 195    Hernandez R (D)
Title:    Local Public Employee Organizations
Status:    Enacted 09/07/2011
Summary:    Amends the Meyers-Milias-Brown Act that provides for the representation of local public employees. Specifies that a public agency is prohibited from imposing reprisals on or discriminating against employees because of their exercise of rights guaranteed by the act. Specifies that knowingly providing a recognized employee organization with inaccurate information regarding the financial resources of the public employer constitutes a refusal or failure to
09/07/2011    Chaptered by Secretary of State. Chapter No. 271

CA A 620    Block (D)
Title:    Postsecondary Education: Nondiscrimination
Status:    Enacted 10/08/2011
Summary:    Requests the California State University and the University of California and community college districts to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules of student conduct. Revises the definition of gender to include gender expression. Requires related data collection. Requires training for specified employees. Requires assessments to improve the quality of life for lesbian, gay, bisexual, and transgender faculty, staff, and students.
10/08/2011    Chaptered by Secretary of State. Chapter No. 637

CA A 887    Atkins (D)
Title:    Gender
Status:    Enacted 10/09/2011
Summary:    Redefines the definition of gender. Relates to public school, charter school, and university practices. Requires an employer to allow gender expression related dress. Relates to gender-related employment violence. Prohibits such discrimination in regard to property insurance for claims as a result of a related hate crime. Prohibits related housing discrimination. Prohibits such discrimination with regard to the Healthy Families Program. Revises provisions regarding parole statutes for gender-related crime.
10/09/2011    Chaptered by Secretary of State. Chapter No. 719

CA A 1156    Eng (D)
Title:    Pupils: Bullying
Status:    Enacted 10/09/2011
Summary:    Encourages the inclusion of policies and procedures aimed at the prevention of bullying in comprehensive school safety plans. Requires the Department of Justice and the State Department of Education to contract to provide training in the prevention of bullying. Provides an interdistrict attendance preference a student who is a victim of bullying. Provides for an amended definition of bullying.
10/09/2011    Chaptered by Secretary of State. Chapter No. 732

CA S 117    Kehoe (D)
Title:    Public Contracts: Prohibitions: Discrimination
Status:    Enacted 09/06/2011
Summary:    Prohibits a state agency from entering into a contract with a specified minimum threshold with a contractor who discriminates between employees with spouses or domestic partners or a different or same sex and employees with spouses or domestic partners of the same sex, or discriminates between same-sex and different-sex domestic partners of employees or between same-sex and different-sex spouses of employees.
09/06/2011    Chaptered by Secretary of State. Chapter No. 231

CA S 559    Padilla (D)
Title:    Discrimination: Genetic Information
Status:    Enacted 09/06/2011
Summary:    Prohibits discrimination under the Unruh Civil Rights Act and the State Fair Employment and Housing Act on the basis of genetic information. Expands the basis upon which discrimination is prohibited under other antidiscrimination provisions that prohibit discrimination. Requires the city counsel to determine if there exists an unlawful restriction based on genetic information after county counsel receives the modification document and the original
09/06/2011    Chaptered by Secretary of State. Chapter No. 261
Colorado
CO SJR 38    Hudak (D)
Title:    Equal Pay Day
Status:    Enacted 04/12/2011
Summary:    Concerns the designation of April 12, 2011, as Equal Pay Day in Colorado and, in connection therewith, acknowledging the persisting problem of wage disparity among various groups.
 
Connecticut
CT H 6471    Joint Committee on Insurance and Real Estate
Title:    Most Favored Nation Clauses
Status:    Enacted 07/08/2011
Summary:    Prohibits most favored nation clauses in health care provider contracts; prohibits managed care organizations and preferred provider networks from including most favored nation clauses in contracts to limit competition; provides that such clauses are void and unenforceable; prohibits requiring disclosure of payment or reimbursement rates from any other contracting health organization a provider, dentist or hospital has contracted; prohibits requiring a lower reimbursement rate.
07/08/2011    Public Act No. 11-132

CT H 6599    Joint Committee on Judiciary
Title:    Gender Identity Discrimination
Status:    Enacted 07/01/2011
Summary:    Concerns discrimination; prohibits state employment or state contract discrimination in various contexts on the basis of gender identity or expression; includes contractors; includes housing, public schools, teacher employment, public libraries, electric suppliers, phone companies, emergency assistance, automobile insurance, boycotts, labor organizations, credit, resorts, real estate transactions, country clubs and tribal jurisdiction.
07/01/2011    Public Act No. 11-55

CT H 6629    Joint Committee on Judiciary
Title:    Domestic Violence
Status:    Enacted 07/08/2011
Summary:    Concerns domestic violence; adopts the recommendations of the legislative task force on domestic violence; relates to stalking or a pattern of threatening; provides that victim assistance includes providing the victim with contact information for a regional family violence organization that employs, or provides referrals to, counselors who are trained in providing trauma-informed care; relates to referring the victim to the Office of Victim Services; provides for disclosures to a probation officer.
07/08/2011    Public Act No. 11-152

CT S 361    Looney (D)
Title:    Use of Credit Scores in Hiring Decisions
Status:    Enacted 07/13/2011
Summary:    Concerns the use of credit scores in hiring decisions; provides that no employer, agent, representative or designee may require an employee or prospective employee to consent to a request for a credit report that contains a credit score, credit account balances, payment history, savings or checking account balances or account numbers as a condition of employment unless the employer is a financial institution, the report is required by law or the report is substantially related to employment.
07/13/2011    Public Act No. 11-223

CT S 385    McKinney (R)
Title:    Division of State Accountability and Investigations
Status:    Failed
Summary:    Establishes a Division of State Accountability and Investigations; eliminates waste, fraud and abuse in state government and improve the processing of whistleblower complaints by transferring current staff located in the Office of the Attorney General into a Division of State Accountability and Investigations within the office of the Auditors of Public Accounts.

CT S 652    Boucher (R)
Title:    Whistleblower Protections
Status:    Failed
Summary:    Provides protection for those reporting the use of fraudulent motor vehicle operator's licenses or Social Security cards.

CT S 662    Kissel (R)
Title:    State Whistleblower Law
Status:    Failed
Summary:    Amends the State Whistle Blower Law; improves existing State Whistle Blower Laws.

CT S 1087    Joint Committee on Program Review and Investigations
Title:    Recommendations of the Program Review and Investigation
Status:    Failed - Adjourned
Summary:    Implements the recommendations of the program review and investigations committee concerning whistleblower complaints; implements the recommendations of the Legislative Program Review and Investigations Committee concerning whistleblowers: To require the Attorney General and the Auditors of Public Accounts to post a summary of all complaints on their web site every six months, to require a more detailed report be submitted to the General Assembly, to extend the filing requirement for complaints.

CT S 1188    Joint Committee on Government Administration and Elections
Title:    Division of Administrative Hearings
Status:    Failed - Adjourned
Summary:    Establishes the division of administrative hearings; establishes a Division of Administrative Hearings to hear contested cases concerning the Departments of Children and Families, Transportation, Consumer Protection and Motor Vehicles, the Commission on Human Rights and Opportunities and cases concerning retaliation for whistleblower complaints.
 
Delaware
DE S 17    Henry (D)
Title:    Delaware Medical Marijuana Act
Status:    Enacted 05/13/2011
Summary:    shall not be subject to arrest, prosecution, or denial of any right or privilege for the medical use of marijuana; sets forth provisions concerning registration of compassion centers, identification cards, school, landlord, and employer discrimination, maintenance of a confidential registry identification card list, and related matters.
05/13/2011    Chapter Number 23
District of Columbia
 
Florida
FL S 146    Smith (D)
Title:    Criminal Justice
Status:    Enacted 06/21/2011
Summary:    Relates to criminal justice; requires state agencies to prepare reports that identify and evaluate restrictions on licensing and employment for ex-offenders; prohibits state agencies from denying an application for license, permit, certificate, or employment based solely on a person's lack of civil rights.
06/23/2011    Filed as Chapter No. 2011-207
Georgia
 
Guam
 
Hawaii
HI H 546    Keith-Agaran (D)
Title:    Civil Rights
Status:    Enacted 05/02/2011
Summary:    Clarifies existing law with regard to sex discrimination; provides that discrimination based upon gender identity or expression constitutes a form of sex discrimination; prohibits discrimination on the basis of gender identity and expression as a public policy matter and specifically with regard to employment.
05/02/2011    Act No. 34

HI S 229    Baker (D)
Title:    Employment Relations
Status:    Enacted 07/08/2011
Summary:    Prohibits employers from discriminating against an employee or applicant for employment based upon the employee's or the applicant's domestic or sexual violence victim status if the domestic or sexual violence victim provides notice to the victim's employer of such status or the employer has actual
07/11/2011    Act No. 206
Idaho
 
Illinois
IL H 78    Jakobsson (D)
Title:    Trespass In Safe School Zones
Status:    Enacted 08/25/2011
Summary:    Creates the offense of criminal trespass to a safe school zone; provides that a person commits such offense when a student or employee has been expelled, suspended or dismissed; provides that the prohibition on entering or remaining in a safe school zone without lawful business has no application to conduct protected by the First Amendment, the Educational Labor Relations Act or the exercise of free speech, free expression, and the free exercise of religion or expression of religiously based views.
08/25/2011    Public Act No. 547

IL H 178    Yarbrough (D)
Title:    Human Rights Violations
Status:    Enacted 06/28/2011
Summary:    Amends the Human Rights Act; relates to equal employment opportunity commission charges; provides that the Department of Human Rights shall send by certified or registered mail notice of the complainant's right to sue in court or file with the Human Rights Commission; provides for the time within which to file a party's position statement and a respondent's response to the charge; provides that the Department may issue a notice of default.
06/28/2011    Public Act No. 22

IL H 332    Berrios (D)
Title:    Minorities and State Employment
Status:    Enacted 08/16/2011
Summary:    Amends the State Employment Records Act; amends definitions of minorities in provisions of law relating to employment, minority business enterprises, inclusion of women and minorities in clinical research, schools, higher education assistance, insurance, public aid, crimes, and Human rights; provides that a minority is a person who is American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, or Native Hawaiian or Other Pacific Islander; makes corresponding changes.
08/16/2011    Public Act No. 396

IL H 976    Madigan (D)
Title:    Whistleblower Act
Status:    Pending
Summary:    Amends the Whistleblower Act; makes a technical change in a Section concerning violations of the Act.

IL H 1135    Watson J (R)
Title:    Whistleblower Act
Status:    Pending
Summary:    Amends the Whistleblower Act; adds to the definition of employee any person licensed by the Department of Financial and Professional Regulation.

IL H 1547    Davis M (D)
Title:    Commission to End the Disparities
Status:    Enacted 08/12/2011
Public ACT:    360
Summary:    Creates the Commission to End the Disparities Facing the African-American Community Act; provides for appointment of members; provides that the Commission shall research the disparities facing African-Americans in the areas of healthcare, healthcare services, employment, education, criminal justice, housing, and other social and economic issues; provides that the Commission shall hold public hearings and report its findings and recommendations to the General Assembly by a specified date.
08/12/2011    Public Act No. 360

IL H 1552    Nybo (R)
Title:    Human Rights Act
Status:    Vetoed 11/08/2011
Summary:    Amends provisions of the Human Rights Act relating to certain proceedings; provides that for charges alleging violations and the Equal Employment Opportunity Commission does not determine that discrimination occurred, the Department shall adopt the Commission's determination and for charges where the it is determined that discrimination occurred, the Department shall either adopt the determination or process the charge pursuant to the Act.
08/05/2011    Vetoed by Governor.
08/05/2011    In House. Placed on Calendar Total Veto 10/19/2011.
11/08/2011    Total Veto Stands.

IL H 2095    Hammond (R)
Title:    Service Members Employment Tenure Act
Status:    Enacted 08/26/2011
Summary:    Amends the Service Member's Employment Tenure Act; makes an employer's knowing violation of the Service Member's Employment Tenure Act a Class A misdemeanor; grants the circuit courts, upon the filing of a complaint by a qualified person, the power to require an employer to comply with the Act's requirements and to compensate the complainant for any loss of wages or benefits and for reasonable attorney's fees and costs.
08/26/2011    Public Act No. 580

IL H 3281    Mathias (R)
Title:    School Misconduct by Electronic Means
Status:    Enacted 08/12/2011
Summary:    electronic means; provides that a school board may suspend or authorize the district superintendent, principal, assistant principal, or dean of students to suspend a student, or to expel a student if that student has been determined to have made an explicit threat through a website against a school employee, a student, or any school-related personnel.
08/12/2011    Public Act No. 340

IL S 64    Silverstein (D)
Title:    False Personation
Status:    Enacted 07/28/2011
Summary:    by falsely representing himself or herself to be another person, or a representative of any veterans' or public safety personnel, or representative of a charitable organization, in person or by electronic means, and does with intent to intimidate, threaten, injure or defraud; relates to false solicitation; provides for impersonation of a public officer or employee.
07/28/2011    Public Act No. 219

IL S 1122    Link (D)
Title:    Discrimination Against Pregnant Employees
Status:    Enacted 08/26/2011
Summary:    Amends the Human Rights Act; prohibits employment discrimination; provides that it is a civil rights violation for an employer to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, privileges or conditions of employment on the basis of
08/26/2011    Public Act No. 596

IL S 1830    Forby (D)
Title:    Cemetery Oversight
Status:    Pending
Summary:    Amends the Cemetery Oversight Act; provides a full exemption to cemeteries meeting specific criteria; provides for certain exemptions for public and religious cemeteries; makes changes concerning licensure for the practice of cemetery operation, fees, professional conduct and ethics, burial practices, certain hearings, receivership, civil action and civil penalties, whistleblower protection, contracts, crematories, unlawful practices, pre-need arrangements, missing persons, and various other matters.
Indiana
IN H 1084    Rhoads (R)
Title:    Nursing Home Employee and Resident Protection
Status:    Failed - Adjourned
Summary:    Relates to nursing home employee and resident protection; provides that a person who intentionally retaliates or discriminates against a resident or employee of a health facility for contacting or providing information to any state official or supervisor or in good faith, contacting or providing information concerning a resident's health or safety to a state official, supervisor, health care professional or spouse or individual authorized to give health care consent for the resident is guilty of a crime.

IN S 411    Nugent (R)
Title:    Disclosure of Firearm Or Ammunition Information
Status:    Enacted 04/15/2011
Summary:    Provides for a civil action against a public or private employer that has required an applicant or employee to disclose information about whether the person owns, possesses, uses or transports a firearm or ammunition; prohibits conditioned employment or any rights, benefits, privileges, or opportunities on an agreement that the employee forgo lawful ownership of a weapon or ammunition; prohibits a government entity to restrict possession of a firearm at a person''s residence during an emergency.
04/15/2011    Public Law No. 17-2011
Iowa
IA S 123    Senate Education Committee
Title:    Board of Educational Examiners Immunity
Status:    Enacted 04/12/2011
Summary:    provides that pursuant to the bill, a person shall not be civilly liable, as long as they do not act with malice, for filing a report or complaint with the board or disclosing to the board various forms of information; provides that a person shall not be dismissed or discriminated against by an employer for involvement with the board.
04/12/2011    Signed by Governor.
Kansas
KS H 2336    House Federal and State Affairs Committee
Title:    Employment First Initiative Act
Status:    Enacted 05/25/2011
Summary:    Establishes the Employment First Initiative Act; provides a policy that applies to program and services that provide services and support to help obtain competitive and integrated setting state employment for persons with disabilities; provides that the policy does not require any employer to give preference to hiring people with disabilities; creates the Kansas employment first oversight commission to establish measurable goals and objectives for implementation of the act.
08/10/2011    Chapter No. 2011-102

KS S 85    Senate Financial Institutions and Insurance Committee
Title:    Group Life Insurance
Status:    Pending - Carryover
Summary:    Removes the mandatory participation requirements for group life insurance.

KS S 93    Senate Federal and State Affairs Committee
Title:    Racial Profiling
Status:    Enacted 05/20/2011
Summary:    Provides that it is unlawful to use racial or other biased-based policing in determining the existence of probable cause to conduct a search; requires law enforcement agencies to adopt a policy to preempt biased-based policing; requires related training; requires that a certain annual report include specified information, including the number of racial or other biased-based policing complaints received, the date of such complaints, and actions taken in response; modifies complaint procedures.
08/10/2011    Chapter No. 2011-94
Kentucky
 
Louisiana
LA H 382    Anders (D)
Title:    Qui Tam Actions
Status:    Enacted 06/24/2011
Summary:    Relates to the Medical Assistance Program Integrity Law; provides procedures for related qui tam actions; increases civil penalties; provides that a court may reduce damages recovered; provides that the court shall dismiss an action if the same allegations were publicly disclosed; provides that any employee, contractor, or agent that is involved in a qui tam action shall be entitled to relief if he is unlawfully discharged, demoted, suspended, or discriminated against.
06/28/2011    Act No. 185
Maine
ME H 20    Flood (R)
Title:    Disabled Persons Employment Opportunity Access
Status:    Enacted 05/25/2011
Summary:    (Resolve)Directs the Department of Health and Human Services to amend the MaineCare Benefits Manual to remove language that restricts the number of persons with intellectual disabilities and autistic disorders who may work at any given work site or location to 50% of a business's workforce at that work site or location; provides for routine technical rules to implement the provisions of this section.
05/25/2011    Resolve No. 2011-49

ME H 365    Celli (R)
Title:    Hospital Security
Status:    Enacted 06/08/2011
Summary:    Requires that a licensed hospital adopt a safety and security plan to protect the patients, visitors and employees of the hospital from aggressive and violent behavior; provides that the plan must include a process for hospitals to receive and record incidents and threats of violent behavior occurring at or arising out of employment at the hospital; provides that the plan must prohibit a representative or employee of the hospital from interfering with a person making a report as provided in the plan.
06/08/2011    Public Law No. 2011-254
Maryland
MD H 202    Kaiser (D)
Title:    School Employee Discrimination
Status:    Enacted 05/10/2011
Summary:    Conforms provisions of law relating to discrimination in the employment of public school employees in the state to other state law governing discrimination in employment by the State Superintendent, a county board, a county superintendent, or an assistant to any of these individuals.
05/10/2011    Chapter No. 322

MD H 1130    Hucker (D)
Title:    Adverse Actions of Employers
Status:    Enacted 05/19/2011
Summary:    Prohibits an employer from taking adverse action against an employee who makes a complaint, brings an action, or testifies in an action under the Maryland Wage and Hour Law; specifies that the adverse action prohibited includes discharge, demotion, threat of discharge or demotion, and other specified retaliatory actions; prohibits the conviction of an employer without specified evidence.
05/19/2011    Chapter No. 495

MD S 14    Gladden (D)
Title:    Race Based Traffic Stops
Status:    Enacted 05/10/2011
Summary:    Requires law enforcement officers to record specified data pertaining to traffic stops; requires law enforcement agencies to report the information to the Statistical Analysis Center; requires the Police Training Commission to develop guidelines and a model format; requires a report to the Police Training Commission of those law enforcement agencies that fail to comply; provides exceptions under certain circumstances.
05/10/2011    Chapter No. 172

MD S 551    Kelley (D)
Title:    Wage and Hour Law
Status:    Enacted 05/19/2011
Summary:    Prohibits an employer from taking adverse action against an employee who makes a complaint, brings an action, or testifies in an action under the Wage and Hour Law; specifies that the adverse actions prohibited includes discharge, demotion, threat of discharge or demotion, and other retaliatory actions; prohibits the conviction of an employer without evidence that demonstrates that the employer had knowledge of the relevant complaint, testimony, or action for which the prosecution for retaliation is sought.
05/19/2011    Chapter No. 494
Massachusetts
MA H 1480    Fox (D)
Title:    High Containment Biological Research Laboratory
Status:    Pending
Summary:    Establishes a high containment biological research laboratory health and safety program by the Department of Public Health that will adopt regulations and provide standards related to zoning; provides for records the registry will contain and public meetings; requires facilities to have emergency response plans.
Michigan
 
Minnesota
 
Mississippi
MS H 18    Moak (D)
Title:    Whistle Blower Law
Status:    Failed
Summary:    Relates to Whistleblower Law; provides for damages.

MS H 159    Evans B (D)
Title:    Bad Faith Employment Determinations
Status:    Failed
Summary:    Abolishes employment at will; requires employment determinations to be made in good faith; defines such term to mean a discharge of an employee only for legitimate, bona fide business reasons, and not for arbitrary reasons unrelated to the business needs of the employer; provides that discharges made for personal reasons, race, worker illness or injury, the filing of a worker's compensation claim, reporting of illegal activity, or certain other reasons shall be considered bad faith discharges.

MS S 2148    Dearing (D)
Title:    Patient Safety Act
Status:    Failed
Summary:    Enacts the Mississippi Patient Safety Act; requires the development of a patient safety program for hospitals, ambulatory surgical centers and mental hospitals; requires hospitals, ambulatory surgical centers and mental hospitals to annually report to the state health officer a listing of certain errors or occurrences; provides whistle-blower protection to certain employees.
Missouri
MO S 188    Lager (R)
Title:    Human Rights Act and Employment Discrimination
Status:    Vetoed 04/29/2011
Summary:    Modifies the law relating to the Missouri Human Rights Act and employment discrimination; changes the standard of proof which requires that the protected trait be a contributing factor in the decision to discriminate; prohibits retaliation; sets damage limits for employment cases.
01/26/2011    Introduced.
04/29/2011    Vetoed by Governor.
Montana
MT H 95    McNutt (R)
Title:    Indian Employment Preference
Status:    Enacted 04/18/2011
Summary:    Revises the Montana Human Rights Act; clarifies subpoena power of the Department of Labor and Industry and the Commissioner of Labor and Industry; authorizes an Indian employment preference on or near reservations; deletes the undefined term adaptive design with respect to housing discrimination; extends deadlines for administrative action if the parties agree to mediation.
04/18/2011    Chaptered. Chapter No. 205

MT S 290    Zinke (R)
Title:    Human Rights Act and Independent Contractors
Status:    Enacted 04/15/2011
Summary:    Excludes an independent contractor from the definition of employee under Human rights laws.
04/15/2011    Chaptered. Chapter No. 201
Nebraska
 
Nevada
NV A 211    Aizley (D)
Title:    Discriminatory Employment Practices
Status:    Enacted 05/24/2011
Summary:    Relates to employment practices; prohibits discriminatory employment practices based upon gender identity or expression; authorizes the Nevada Equal Rights Commission to investigate certain acts of prejudice against a person with regard to employment based on gender identity or expression, disability or
05/24/2011    Chaptered. Chapter No. 112.

NV S 352    Denis (D)
Title:    Provisions Relating to Employment
Status:    Failed
Summary:    Revises provisions relating to employment.
New Hampshire
NH H 623    Hopper (R)
Title:    Preferences in Recruiting
Status:    Enacted 06/29/2011
Summary:    Prohibits preferences in recruiting, hiring, promotion, or admission by state agencies, the university system, the community college system, and the Postsecondary Education Commission; prohibits preferential treatment or discrimination based on race, sex, national origin, religion, or sexual orientation.
06/29/2011    Became law without Governor’s signature.
06/29/2011    Chapter No. 227.

NH S 86    Luther J (R)
Title:    Department of Labor Violations
Status:    Enacted 06/14/2011
Summary:    Requires the Department of Labor to issue one warning to employers of certain violations prior to imposing a civil penalty; provides that no warning has to be issued if the employer intends to cause harm, the violation poses a threat to public safety, or the violation involves failure to pay correct wages, failure to comply with regulations regarding illegal aliens, or requiring employees to perform illegal activities under threat of job loss, among others.
06/14/2011    Signed by Governor.
06/14/2011    Chapter No. 182.

NH S 179    Merrill (D)
Title:    Qualified Purchasing Alliances
Status:    Enacted 06/08/2011
Summary:    Clarifies the criteria for obtaining certification as a qualified purchasing alliance; states that either membership in the alliance is open to all employers without discrimination or the alliance has established membership criteria that limit membership in the alliance to employers that are members of or affiliated with an association, trade group, or other entity that has been in existence for at least 10 years and was established and maintained for purposes other than the provision of health coverage.
06/08/2011    Signed by Governor.
06/08/2011    Chapter No. 155.
New Jersey
NJ A 1972    Conaway (D)
Title:    Rights and Remedies of Employees
Status:    Pending
Summary:    Enhances rights and remedies of employees who disclose or refuse to participate in fraudulent employer practices.

NJ S 2562    Greenstein (D)
Title:    Confidentiality Standards for Employee Assistance
Status:    Enacted 05/09/2011
Summary:    Prohibits a public employer from taking any action against an employee, including termination, because the employee or a dependent of the employee has obtained counseling, referrals or other services from an employee assistance program; provides an exception; requires that information regarding services provided to an employee or dependent of the employee through an employee assistance program be confidential.
05/09/2011    Chapter No. 2011-69
New Mexico
NM H 514    Chavez E (D)
Title:    Employment and Patient Care
Status:    Failed - Adjourned
Summary:    Relates to employment; prohibits employer retaliatory action in certain circumstances; provides for civil penalties.

NM S 260    Cravens (R)
Title:    Dental Insurance Plan Fees
Status:    Enacted 04/07/2011
Summary:    Relates to insurance; enacts a new section of the New Mexico Insurance Code to prohibit a dental insurance plan from requiring a dentist to accept a fee set by the plan for services not covered by the plan.
04/07/2011    Chaptered. Chapter No. 2011-128
New York
NY A 1007    Weisenberg (D)
Title:    Insurance of Fire Fighting Vehicles
Status:    Enacted 08/17/2011
Summary:    Prohibits insurance companies from refusing to issue or renew an automobile insurance individually owned private passenger policy for the sole reason that the motor vehicle to be insured is used for volunteer fire fighting.
08/17/2011    Chapter No. 408

NY A 1428    Castelli (R)
Title:    Public Employees and Military Duty
Status:    Enacted 07/20/2011
Summary:    States that if a public employer consolidates, abolishes, displaces, or demotes a position which is occupied by a public employee currently on active duty with the Armed Forces of the United States such employer shall provide full re-employment rights provided that re-employment does not displace any person with greater seniority; prohibits public employers from abolishing any positions based upon the fact that the positions are currently filled by an individual engaged in military duty.
07/20/2011    Chapter No. 152

NY A 2538    Pretlow (D)
Title:    Provisions Providing Protection to Employees
Status:    Pending
Summary:    Enacts provisions providing protection to employees from retaliatory actions by employers where such employees report improper business activities; applicable to employees who in good faith reasonably believes that an improper business activity has or will occur, based on information that the employee reasonably believes to be true; provides remedies and relief.

NY A 2854    Pretlow (D)
Title:    Reporting of Fraudulent Insurance Transaction
Status:    Pending
Summary:    Provides that any person who provides information to the attorney general, a district attorney or the insurance frauds bureau concerning a fraudulent insurance transaction or with information about a fraudulent insurance transaction that is about to take place may be entitled to an award of forty percent of the action or claim relating to such fraudulent action.

NY A 6971    Wright (D)
Title:    Illegal Business Activities
Status:    Pending
Summary:    Enacts provisions providing protection to employees from retaliatory actions by employers where such employees report illegal business activities; applicable to employees who in good faith reasonably believes that an illegal business activity has or will occur, based on information that the employee reasonably believes to be true; provides remedies and relief.

NY S 1517    Klein (D)
Title:    Employee Protection
Status:    Pending
Summary:    Enacts provisions providing protection to employees from retaliatory actions by employers where such employees report violations of law, rules or regulations, or improper governmental actions.

NY S 1593    Krueger (D)
Title:    Nuclear Powered Electric Generating Facilities
Status:    Pending
Summary:    Directs the NYS energy research and development authority and public and private operators of each nuclear-powered electric generating facility to establish a nuclear whistleblower access and assistance program; makes related provisions as to elements of the program and provides that employees of such plants shall not be subject to retaliation; requires authority to investigate reported safety concerns.

NY S 1617    Sampson (D)
Title:    Retaliatory Personnel Action
Status:    Pending
Summary:    Prohibits retaliatory personnel action by an employer against an employee who discloses or threatens to disclose an activity, policy or practice of the employer or a fellow employee that is in violation of law; removes requirement that such violation of law present a substantial and specific danger to public health or safety.

NY S 1641    Sampson (D)
Title:    Retaliatory Personnel Action
Status:    Pending
Summary:    Prohibits retaliatory personnel action by an employer against an employee who discloses or threatens to disclose an activity, policy or practice of the employer that is in violation of law; removes requirement that such violation of law present a substantial and specific danger to public health or safety.

NY S 1950    Kruger (D)
Title:    Appointment of a Special Prosecutor
Status:    Pending
Summary:    Provides for the appointment of a special prosecutor for medical care fraud to investigate and prosecute fraud, waste and abuse in the health care industry to serve for a term of 10 years; provides authority to receive complaints and investigate; provides for toll free number to receive complaints and immunity from liability for persons making complaints; provides for an annual report to the governor.

NY S 5620    Savino (D)
Title:    Provisions Providing Protection to Employees
Status:    Pending
Summary:    Enacts provisions providing protection to employees from retaliatory actions by employers where such employees report illegal business activities; applies to employees who in good faith reasonably believe that an illegal business activity has or will occur, based on information that the employee reasonably believes to be true; provides remedies and relief.

NY S 5674    Krueger (D)
Title:    Retaliatory Personnel Actions By Employers
Status:    Pending
Summary:    Relates to retaliatory personnel actions by employers.
North Carolina
NC S 697    Stein (D)
Title:    Nurses and Patient Advocacy
Status:    Pending - Carryover
Summary:    Prohibits retaliation against any nurse who makes a good faith report concerning patient medical care; includes testifying before a regulatory agency conducting an investigation or inquiry into a violation or a failure to meet the appropriate standard of medical care; allows a nurse allegedly aggrieved by a violation to file a written complaint with the Commissioner of Labor alleging the violation.
North Dakota
 
Ohio
 
Oklahoma
OK S 837    Jolley (R)
Title:    Discrimination
Status:    Enacted 05/18/2011
Summary:    Relates to discriminatory practices in employment, housing, and public accommodations; prohibits genetic discrimination; authorizes employer or labor organization demonstration of undue hardship with regard to accommodating for a disability; creates a cause of action for employment-based discrimination; makes technical corrections concerning housing discrimination; prohibits a municipality from adopting an ordinance that discriminates on the basis of genetic information.
05/18/2011    Chapter No. 270
Oregon
OR D 2465    Senate Committee on Health Care
Title:    Hospital Staff Members and Whistleblower Protection
Prefiled:    12/22/2010
Status:    Failed - Adjourned
Summary:    Extends whistleblower protection for hospital nursing staff to additional hospital staff; declares emergency, effective on passage.

OR H 2036    Roblan (D)
Title:    Bureau of Labor and Industries
Status:    Enacted 06/01/2011
Summary:    Clarifies application of statutes related to unlawful discrimination against persons with disabilities; gives Bureau of Labor and Industries authority to enforce provisions that allow employee to take leave to attend criminal proceeding; removes conflicting provisions related to authority of Bureau to enforce laws related to discriminatory practices; allows employer to make specified employment decisions based on credit history of certain applicants for public safety officer employment.
06/01/2011    Chaptered. Chapter No. 210

OR H 2240    Matthews (D)
Title:    Meal Periods for Tipped Employees
Status:    Enacted 05/16/2011
Summary:    Repeals sunset on provisions permitting employee who serves food or beverages, receives tips and reports tips to employer to waive meal period and prohibiting employer from coercing employee into waiving meal period.
05/16/2011    Chaptered. Chapter No. 58

OR H 2828    Witt (D)
Title:    Service As a Juror
Status:    Enacted 05/19/2011
Summary:    Creates an unlawful employment practice if an employer who employs 10 or more persons ceases to provide health, disability, life or other insurance during the period the employee is serving or is scheduled to serve as a juror and the employee notified the employer of election to have coverage continue; provides that employer commits unlawful employment practice if employer discharges, threatens to discharge, intimidates or coerces employee by reason of employee's service or scheduled service as juror.
05/19/2011    Chaptered. Chapter No. 118

OR H 3482    Tomei (D)
Title:    Employment
Status:    Enacted 08/02/2011
Summary:    Requires certain employers to allow eligible employees to take unpaid leave to address issues arising from harassment; prohibits the employer from taking certain employment actions toward victims of harassment; requires employer to make reasonable safety accommodations; makes a violation an unlawful employment practice; modifies the definition of a victim of stalking; allows certain state employees to be accompanied by a person of their choosing during any interview requested by the employer.
08/02/2011    Chaptered. Chapter No. 687

OR S 237    Courtney (D)
Title:    Hospital Staff Members
Status:    Failed - Adjourned
Summary:    Extends whistleblower protection for hospital nursing staff to additional hospital staff; declares emergency, effective on passage.

OR S 398    Courtney (D)
Title:    Intimidation
Status:    Enacted 06/17/2011
Summary:    Modifies crimes of intimidation in the first and second degree to include offenses committed because of offender's perception of victim's disability.
06/22/2011    Chaptered. Chapter No. 421

OR S 5519    Courtney (D)
Title:    Administration of Bureau of Labor and Industries
Status:    Enacted 06/28/2011
Summary:    Appropriates moneys from General Fund to Bureau of Labor and Industries for biennial expenses; limits biennial expenditures from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by bureau; authorizes specified nonlimited expenditures; limits biennial expenditures by bureau from federal funds.
06/30/2011    Chaptered. Chapter No. 576
Pennsylvania
PA H 105    Ellis (R)
Title:    Whistleblower Law
Status:    Pending
Summary:    Amends the Whistleblower Law; provides for the definitions of employee and employer, for protection of employees, for enforcement and for penalties.

PA H 1225    Buxton (D)
Title:    Public Employers Occupational Safety
Status:    Pending
Summary:    Requires public employers to protect the occupational safety and health of their employees; defines terms; provides for promulgation of regulations; provides for enforcement, inspections, recordkeeping and penalties; establishes the Pennsylvania Occupational Safety and Health Review Board and provides for related hearings; prohibits discrimination against any employee because such employee has filed any complaint or instituted or caused to be instituted any related proceeding.

PA H 1579    DeLuca (D)
Title:    Health Care Facility Discrimination and Retaliation
Status:    Pending
Summary:    Provides for the Protection of Patients and Medical Personnel from Health Care Facility Retaliation Act; provides for prohibitions against discrimination and retaliation by health care facilities toward any person who presented a grievance or complaint to the facility; provides for rebuttable presumptions.

PA H 1605    Frankel (D)
Title:    Applicability of Whistleblower Law
Status:    Pending
Summary:    Amends the act of December 19, 1984 (P.L.1140, No.223), known as the Oil and Gas Act; provides for applicability of Whistleblower Law; provides that an employee of a well operator or any other employee who renders a service or product to a well or well site that has received a well permit shall be deemed to be an employee.

PA H 1874    Mundy (D)
Title:    Hospital Patient Protection
Status:    Pending
Summary:    Amends the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act; provides for hospital patient protection; provides for hospital nursing practice standards, professional duties and right of patient advocacy, prohibition against discharge or retaliation for whistleblowing, nurse to patient staffing ratios, hospital unit staffing plans and minimum requirements for hospital systems.

PA S 438    Leach (D)
Title:    Hospital Patient Protection
Status:    Pending
Summary:    Amends the Health Care Facilities Act; provides for hospital patient protection; provides for nursing standards; provides for whistleblower protections.
Puerto Rico
PR S 156    Burgos Andujar (PNP)
Title:    Sexual Harassment Awareness
Status:    Enacted 04/13/2011
Summary:    Establishes a research protocol and filing of criminal actions against sexual harassment and harassment based on sex in the Departments of Justice, the Police of Puerto Rico and the Municipal Police throughout the island, for the purpose of raising awareness and speeding up the process in those government entities.
04/13/2011    Law Number 61-2011
Rhode Island
RI H 5448    Mattiello (D)
Title:    Statutory Construction and Corrections
Status:    Enacted 07/13/2011
Summary:    Makes technical changes and revisions to various general laws, including laws relating to the motor vehicle excise tax, State retiree health benefits, and the trade practices of insurers; corrects typographical errors and redesignates subsections into proper alphabetical and numerical order.
07/13/2011    Public Law No. 2011-363
South Carolina
SC H 4127    Sandifer (R)
Title:    Unlawful Discharge Remedies
Status:    Pending
Summary:    Relates to remedies for an employee charging certain unlawful discharge or discrimination related to his involvement in complaints or proceedings concerning health and occupational safety law; provides when a private sector employee makes these allegations to the Department of Labor, Licensing and Regulation, the Department immediately shall forward the complaint to the United States Department of Labor Whistleblower Program; provides civil remedies for a violation.

SC S 694    Bryant (R)
Title:    Discrimination Remedies
Status:    Enacted 06/14/2011
Summary:    Relates to remedies for employees charging discrimination; provides for referral to the United States Department of Labor allegations made by a private sector employee of a violation of existing law; provides for civil remedies; provides that any public sector employing believing that he or she has been discharged or otherwise discriminated against may proceed with a civil action.
06/20/2011    Act No. 50.
South Dakota
 
Tennessee
TN H 1586    Ragan (R)
Title:    Workplace Violence
Status:    Enacted 05/27/2011
Summary:    Expands the scope of present law to allow any employer or employee who has suffered unlawful violence or a credible threat of violence to seek a temporary restraining order or injunction; broadens the definition of unlawful violence to include intimidation or extortion in addition to assault, aggravated assault or stalking; expands the persons against whom the employer
06/02/2011    Public Chaptered. Chapter No. 315

TN H 1641    Dennis (R)
Title:    Civil Procedure
Status:    Enacted 06/10/2011
Summary:    Relates to Civil Procedure; establishes a framework for the consideration of evidence offered during all stages of the proceedings in employment discrimination and retaliation discharge cases.
06/14/2011    Public Chaptered. Chapter No. 461

TN S 113    Johnson J (R)
Title:    Teachers' Unions
Status:    Enacted 06/01/2011
Summary:    Abolishes teachers' unions ability to negotiate terms of service with local boards of education; provides for a training program in the principles and techniques of interest-based collaborative problem-solving for use in collaborative conferencing; allows employees to elect to take part in collaborative conferencing as members of a union or unaffiliated; provides for unlawful acts, including employee discrimination and coercion; provides for forfeiture of tenure or dismissal for engaging in a strike.
06/03/2011    Public Chaptered. Chapter No. 378
Texas
TX H 1682    Weber (R)
Title:    School District Charitable Contribution Regulations
Status:    Enacted 06/17/2011
Summary:    Prohibits school districts from requiring or coercing school district employees to make charitable contributions; provides that a school district board of trustees or school district employee may not directly or indirectly require or coerce any school district employee to make a contribution to or solicit contributions for a charitable organization.
07/27/2011    Filed with Secretary of State. Chapter No. 284

TX H 2463    Reynolds (D)
Title:    Records Regarding an Employment Discrimination Claim
Status:    Enacted 06/17/2011
Summary:    Relates to access to certain records regarding an employment discrimination claim.
09/06/2011    Filed with Secretary of State. Chapter No. 1012
Utah
UT S 100    McAdams (D)
Title:    Utah Uniform Securities Act
Status:    Enacted 03/25/2011
Summary:    Modifies the Utah Uniform Securities Act to address whistleblowing; enacts the Whistleblower Program Act; defines terms; establishes a procedure for disclosing information as a whistleblower; provides protections against adverse employment action; establishes remedies if adverse action is taken; provides administrative fines; creates an award process for whistleblowers; imposes notice requirements; prohibits waiver of rights; establishes the scope of the program.
03/31/2011    Chaptered. Chapter No. 318

UT S 304    Okerlund (R)
Title:    Bullying Amendments
Status:    Enacted 03/22/2011
Summary:    Prevents bullying and hazing in elementary and secondary schools; prohibits students and school employees from engaging in bullying, cyber-bullying, harassment, hazing, retaliation, and making false claims regarding the aforementioned conduct; requires schools, local school districts, and the State Board of Education to implement anti-bullying and hazing policies.
03/31/2011    Chaptered. Chapter No. 235

UT S 100    McAdams (D)
Title:    Utah Uniform Securities Act
Status:    Enacted 03/25/2011
Summary:    Modifies the Utah Uniform Securities Act to address whistleblowing; enacts the Whistleblower Program Act; defines terms; establishes a procedure for disclosing information as a whistleblower; provides protections against adverse employment action; establishes remedies if adverse action is taken; provides administrative fines; creates an award process for whistleblowers; imposes notice requirements; prohibits waiver of rights; establishes the scope of the program.
03/31/2011    Chaptered. Chapter No. 318

UT S 304    Okerlund (R)
Title:    Bullying Amendments
Status:    Enacted 03/22/2011
Summary:    Prevents bullying and hazing in elementary and secondary schools; prohibits students and school employees from engaging in bullying, cyber-bullying, harassment, hazing, retaliation, and making false claims regarding the aforementioned conduct; requires schools, local school districts, and the State Board of Education to implement anti-bullying and hazing policies.
03/31/2011    Chaptered. Chapter No. 235
Vermont
 
Virginia
VA H 1399    Janis (R)
Title:    Fraud Against Taxpayers Act
Status:    Enacted 03/26/2011
Summary:    Provides that the Fraud Against Taxpayers Act creates a cause of action for an employee of the Commonwealth, its agencies, or any political subdivision against such entity if an adverse employment action is taken against the employee by his employer because the employee has opposed any practice by his employer prohibited by the Act or participated in an investigation, action, or hearing under the Act; provides for a waiver of sovereign immunity.
03/26/2011    Acts of Assembly. Chapter No. 651.

VA H 1717    Merricks (R)
Title:    Insurance Fraud
Status:    Enacted 03/16/2011
Summary:    Clarifies that the definition of insurer includes any self-insured private or public employer for the purposes of the Department of State Police's investigation of insurance fraud, including who is entitled to protection from immunity for furnishing information to the State Police as part of its investigation.
03/16/2011    Acts of Assembly. Chapter No. 208.
Washington
WA S 5412    Keiser (D)
Title:    Whistleblowers in the Conveyance Work Industry
Status:    Pending - Carryover
Summary:    Gives an employee in the conveyance work industry, who is a whistleblower and as a result of being a whistleblower has been subjected to workplace reprisal or retaliatory action, the remedies provided under chapter 49.60 RCW discrimination--Human rights commission).

WA S 5574    Harper (D)
Title:    Collection Agencies
Status:    Enacted 04/13/2011
Summary:    Concerns collection agencies and communication with debtors; provides that no licensee or employee of a licensee shall threaten the debtor with impairment of his or her credit rating if a claim is not paid, communicate with the debtor after notification in writing from an attorney representing such debtor, communicate with a debtor as to harass, intimidate, threaten, or
04/13/2011    Chapter No. 57
West Virginia
WV H 2888    Hamilton (R)
Title:    Whistleblowers of Unsafe Working Conditions in Mines
Status:    Enacted 03/30/2011
Summary:    Concerns the strengthening of protections for whistleblowers of unsafe working conditions in mines; directs the Office of Miners' Health, Safety and Training to conduct a study and report to the Legislature.
05/04/2011    Act No. 25

WV H 3223    Householder (R)
Title:    Complaints Made Against Employees
Status:    Failed - Adjourned
Summary:    Relates to complaints made against employees of the Department of Health and Human Resources.
Wisconsin
WI S 15    Lazich (R)
Title:    Motor Vehicle Traffic Stop Information
Status:    Enacted 06/22/2011
Summary:    Relates to collection and analysis of motor vehicle traffic stop information and law enforcement training standards; relates to gathering and analyzing statistics on the justice system, including racial disparity, uniform crime reporting, and incident-based reporting.
06/22/2011    Act No. 2011-29
Wyoming

WY H 82    Byrd (D)
Title:    Fair Employment Practices and Retaliation
Status:    Failed
Summary:    Relates to fair employment practices; provides that discriminatory and unfair employment practices include specified retaliatory acts.

 

StateNet Logo