SPONSOR: |
Rep. Baumbach & Rep. K. Williams & Sen.
Townsend |
|
Reps.
Brady, Jaques, Kowalko, Longhurst, Paradee, Schwartzkopf, B. Short, Viola,
Walker, Sen. Cloutier |
HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
HOUSE BILL NO. 300 |
AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE WHISTLEBLOWERS' PROTECTION ACT. |
Section 1. Amend §1703, Title 19 of the Delaware Code by
making deletions as shown by strike through and insertions as shown by
underline as follows:
§ 1703. 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, unless the employee knows or has
reason to know that the report is false; or
(2) Because an employee participates or is
requested by a public body to participate in an investigation, hearing, or
inquiry held by that public body, or a court action, in connection with a
violation as defined in this chapter; or
(3) Because an employee refuses to commit or
assist in the commission of a violation, as defined in this chapter; or
(4) Because the employee reports verbally or in
writing to the employer or to the employee's supervisor a violation, which the
employee knows or reasonably believes has occurred or is about to occur, unless
the employee knows or has reason to know that the report is false. Provided,
however that if the report is verbally made, the employee must establish by
clear and convincing evidence that such report was made. ; or
(5) Because an employee reports verbally or in
writing any noncompliance or an infraction of Chapter 80, Title 15 of the
Delaware Code; or participates in an investigation, hearing, trial or inquiry, of
a person or entity other than employee, regarding noncompliance or an infraction
of Chapter 80, Title 15 of the Delaware Code; or refuses to participate or
assist in the noncompliance or an infraction of Chapter 80, Title 15 of the
Delaware Code.
SYNOPSIS
This bill ensures that retaliation against
an employee by an employer for refusing to engage in an offense under Chapter
80, Title 15 of the Delaware Code or reporting or participating in an
investigation, hearing, trial or inquiry of an offense of Chapter 80, Title
15 of the Delaware Code shall not occur. |