Introduced By: Senators Roberts, Ruggerio and Roney
Date Introduced : February 4, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 28-50-2, 28-50-3 and 28-50-5 of the General Laws in Chapter 28-50 entitled "The Rhode Island Whistleblowers' Protection Act" are hereby amended to read as follows:
28-50-2. Definitions. -- As used in this chapter:
(1) "Employee" means a person employed by any employer.
(2) "Employer" means any person, partnership, association, sole proprietorship, corporation or other business entity, including any department, agency, commission, committee, board, council, bureau, or authority or any subdivision thereof of state or municipal government. One shall employ another if services are performed for wages or under any contract of hire, written or oral, express or implied.
(3) "Person" means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity.
(4) "Public body" means all of the following:
(i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government.
(ii) An agency, board, commission, council, member, or employee of the legislative branch of state government.
(iii) A county, city, town, or regional governing body, a council, school district, or a board, department, commission, agency, or any member or employee thereof.
(iv) Any other body which is created by state or local authority or which is primarily funded by or through state or local authority, or any member or employee of that body.
(v) A law enforcement agency or any member or employee of a law enforcement agency.
(vi) The judiciary and any member or employee of the judiciary.
(vii) {ADD Any Federal agency. ADD}
28-50-3. Protection. -- An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment.
(1) because the employee, or a person acting on behalf of the employee, reports or is about to report to a public body, verbally or in writing, a violation which the employee knows or reasonably believes has occurred or is about to occur, of a law or regulation or rule promulgated under the law of this state, a political subdivision of this state, or the United States, unless the employee knows or has reason to know that the report is false, or
(2) because an employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action.
(3) {ADD because an employee refuses to violate or assist in violating federal, state or local law, rule or regulation. ADD}
28-50-5. Reinstatement. -- A court, in rendering
a judgment in an action brought under this act, shall order, as
the court considers appropriate, reinstatement of the employee,
the payment of back wages, full reinstatement of fringe benefits
and seniority rights, actual damages, or any combination of these
remedies. A court {DEL may DEL} {DEL{ADD shall ADD} DEL} {ADD may ADD}also award
the complainant all or a portion of the costs of litigation, {ADD including
attorneys fees ADD} if the court determines that the award is appropriate.
SECTION 2. This act shall take effect upon passage.
