105.467. Discharge and discrimination prohibited, reasons--reinstatement.

Discharge and discrimination prohibited, reasons--reinstatement.

105.467. 1. A governmental body, state agency orappointing authority shall not discharge, threaten, or otherwisediscriminate against a person or state employee acting on behalfof a person regarding compensation, terms, conditions, location,or privileges of employment because:

(1) The person or state employee acting on behalf of theperson reports or is about to report, verbally or in writing, aviolation or a suspected violation of sections 105.450 to105.498; or

(2) A person or state employee acting on behalf of theperson is requested by the commission to participate in aninvestigation, hearing, or inquiry held by the commission or anyrelated court action.

This subsection shall not apply to a person or state employeeacting on behalf of a person who knowingly or recklessly makes afalse report.

2. A person or state employee acting on behalf of a personwho alleges a violation of subsection 1 of this section may bringa civil action for appropriate injunctive relief, or actualdamages, or both.

3. A court, in rendering a judgment in an action broughtpursuant to this section, shall order, as the court considersappropriate, reinstatement of the person or state employee actingon behalf of the person, the payment of back wages, fullreinstatement of fringe benefits and seniority rights, actualdamages, or any combination of these remedies. A court may alsoaward such person all or a portion of the costs of litigation,including reasonable attorney's fees and witness fees, if thecourt determines that the award is appropriate.

(L. 1991 S.B. 262)