| Whistleblowing |
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| Technical Assistance: FAQs |
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The 2009 Legislature expanded protection for “whistleblowers,” employees who report illegal activity by their employers. For years, Oregon public employee whistleblower statutes prohibited public employers from taking action against or prohibiting employees from responding to legislative requests, disclosing information the employee believes is evidence of violation of laws, disclosing evidence of mismanagement, gross waste or abuse of authority, or reporting public endangerment resulting from an action by a public employer.
A public employee may report a violation of any federal or state law, rule, or regulation by the agency, mismanagement, gross misuse or waste of public resources or funds, abuse of authority in connection with the administration of a public program or the execution of a public contract, or a substantial and specific danger to public health or safety resulting from agency action without discrimination or retaliation by the employer under ORS 659A.203.
Q. Which types of employees are covered?
A. House Bill 3162, effective January 1, 2010, extends the protection provided to public sector employees to private employees when reporting violations of the law or health and safety dangers.
Q. What are some examples of violations or health and safety dangers that an employee would be protected for reporting?
A. For instance, employees employed by private firms can no longer be discharged for exposing a lack of required breaks or lunches, drinking onsite, or for reporting unfair trade practices and violations of consumer protection laws.
Q. What are the prohibitions in this law, and what penalties apply to employers for non-compliance?
A. It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the employee has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation.
Employees who believe the employer has violated the law are authorized to file a complaint with BOLI or file a civil action, and a court may order injunctive relief and other equitable relief, including reinstatement, back pay and reasonable attorney fees (ORS 659A.885).
The Technical Assistance for Employers unit offers employer seminars, handbooks, and other materials covering a number of topics. For additional information, visit our website at www.oregon.gov/boli/ta or call our Employer Assistance line.
Technical Assistance for EmployersBureau of Labor and Industries800 NE Oregon Street, Suite 1045Portland , OR 97232971-673-0824www.oregon.gov/boli
These materials were prepared as a general summary and teaching guide. The mission of the Technical Assistance for Employers Program is to promote compliance with civil rights and wage and hour laws through education. Technical Assistance does not provide legal advice. In order to determine the legality of any matter or to protect your legal rights, you should contact an attorney. Check the yellow pages of your telephone directory or contact the OregonState Bar Lawyer Referral Service at 1-503-620-0222 or 1-800-452-7636. THIS INFORMATION IS AVAILABLE IN AN ALTERNATE FORMAT.
(Updated August 2009)
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