HB165.html

Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking Code Section 45-1-4, relating to complaints or information from public employees as to fraud, waste, and abuse in state programs and operations, and inserting in lieu thereof the following:
"45-1-4.
~~(a) As used in this Code section, the term:~~
(1) 'Public employee' means any person who is employed by the executive branch of the state or by any other department, board, bureau, commission, authority, or other agency of the state except the office of the Governor, the judicial branch, or the legislative branch.
(2) 'Public employer' means the executive branch of the state and any other department, board, bureau, commission, authority, or other agency of the state which employs or appoints a public employee or public employees except the office of the Governor, the judicial branch, or the legislative branch.
(b) A public employer may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to any state programs and operations under the jurisdiction of such public employer.
(c) Notwithstanding any other law to the contrary, such public employer shall not after receipt of a complaint or information from a public employee disclose the identity of the public employee without the written consent of such public employee, unless the public employer determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the public employee shall be notified in writing at least seven days prior to such disclosure.
(d) No action against any public employee shall be taken or threatened by any public employer who has authority to take, direct others to take, recommend, or approve any personnel action as a reprisal for making a complaint or disclosing information to the public employer unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.
~~(e) Any action taken in violation of subsection (d) of this Code section shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court.~~ Reserved."

45-25-1.
This chapter shall be known and may be cited as the 'Whistleblower Protection Act.'

45-25-2.
As used in this chapter, the term:
(1) 'Employee' means any individual who performs services for or under the control and direction of an employer for wages or other remuneration. The term shall also include an applicant for employment, a former employee, or an authorized representative of an employee.
(2) 'Employer' means any individual; partnership; association; corporation, whether public or private which transacts business with the State of Georgia; all branches of state government; the several counties and municipalities of the state or any other political subdivision of the state; any school district; any special district; or any authority, commission, or board or any other agency or instrumentality thereof. The term shall also include agents, contractors, or subcontractors of an employer.
(3) 'Improper quality of patient care' means, with respect to patient care by an employer that is a health care provider, any practice, procedure, action, or failure to act which violates any law or any rule, regulation, or declaratory ruling adopted pursuant to law or any professional code of ethics.
(4) 'Public body' means:
(A) The United States Congress, the General Assembly, or any municipal or county governing authority or any member or employee thereof;
(B) Any federal, state, or local judiciary, or any member or employee thereof, or any grand or petit jury;
(C) Any federal, state, or local regulatory, administrative, or public agency or authority or instrumentality thereof;
(D) Any federal, state, or local law enforcement agency, prosecutorial office, or police or peace officer;
(E) Any federal, state, or local department of an executive branch of government; or
(F) Any division, board, bureau, office, committee, or commission of any of the public bodies described in the subparagraphs of this paragraph.
(5) 'Retaliatory action' means the discharge, suspension, demotion, harassment, or blacklisting of or the refusal to hire an employee, or other adverse employment action taken against an employee in the terms and conditions of employment, or other actions which interfere with an employee´s ability to engage in protected activity set forth in Code Section 45-25-3.
(6) 'Supervisor' means any individual with an employer´s organization who has the authority to direct and control the work performance of the affected employee or who has authority to take corrective action regarding the violation of the law, rule, or regulation of which the employee complains.

45-25-3.
An employer shall not take any retaliatory action against an employee because the employee does any of the following:
(1) 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 coemployee, or another employer that the employee reasonably believes is in violation of a law or a rule or regulation promulgated pursuant to law or, in the case of an employee who is a licensed or certified health care professional, reasonably believes constitutes improper quality of patient care;
(2) 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, a coemployee, or another employer or, in the case of an employee who is a licensed or certified health care professional, provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into the quality of patient care;
(3) 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 coemployee, 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 the protection of the environment;
(4) Assists or participates in a proceeding to enforce the provisions of this chapter; or
(5) Objects to, opposes, or refuses to participate in any activity, policy, or practice which the employee reasonably believes:
(A) Is in violation of a law or a rule or regulation promulgated pursuant to law or, if the employee is a licensed or certified health care professional, constitutes improper quality of patient care;
(B) Is fraudulent or criminal; or
(C) Is incompatible with a clear mandate of public policy concerning the public health, safety, or welfare or the protection of the environment.

45-25-4.
Upon a violation of any of the provisions of this chapter, an aggrieved employee or former employee may, within one year, institute a civil action in a court of competent jurisdiction. Upon the application of any party, a jury trial shall be directed to try the validity of any claim under this chapter specified in the suit.

45-25-5.
A violation of this chapter has occurred only if the employee demonstrates, by a preponderance of the evidence, that any behavior described in Code Section 45-25-3 was a contributing factor in the retaliatory action alleged in the complaint by the employee. However, relief may not be ordered under Code Section 45-25-6 if the employer demonstrates by clear and convincing evidence that it would have taken the same unfavorable personnel action in the absence of such behavior.

45-25-6.
A person claiming relief under this chapter may seek special, general, and punitive damages, and equitable relief. The equitable relief sought may include reinstatement of position, including benefits and rights of seniority, and injunctive relief. If a person prevails under this cause of action and is awarded damages or equitable relief, such claimant may then seek reasonable attorney´s fees and expenses of litigation. This claim shall be determined by the trial court upon motion and, if requested by any party, hearing.

45-25-7.
Nothing in this chapter shall be deemed to diminish the rights, privileges, or remedies of any employee under any other federal or state law or regulation or under any collective bargaining agreement or employment contract. No employee may waive through a private contract any right set forth in this chapter, except as set forth in Code Section 45-25-9, and no employee may be compelled to adjudicate his or her rights under this chapter pursuant to a collective bargaining agreement or any other arbitration agreement.

45-25-8.
The rights afforded employees under this chapter 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. 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 Code Section 45-25-3."