§ 23-17.11-11 - Whistleblower protections.
SECTION 23-17.11-11
§ 23-17.11-11 Whistleblower protections.– (a) Prohibition against discrimination. No person subject to theprovisions of this chapter may discharge, demote, threaten or otherwisediscriminate against any person or employee with respect to compensation,terms, conditions or privileges of employment as a reprisal because the personor employee (or any person acting pursuant to the request of the employee)provided or attempted to provide information to the director or his or herdesignee or to the attorney general or his or her designee regarding possibleviolation of this chapter.
(b) Enforcement. Any person or employee or formeremployee subject to the provisions of this chapter who believes that he or shehas been discharged or discriminated against in violation of subsection (a) mayfile a civil action within three (3) years of the date of discharge ordiscrimination.
(c) Remedies. If the court determines that a violationhas occurred, the court may order the person who committed the violation to:
(1) Reinstate the employee to the employee's former position;
(2) Pay compensatory damages, costs of litigation andattorneys' fees; and/or
(3) Take other appropriate actions to remedy any pastdiscrimination.
(d) Limitation. The protections of this section shallnot apply to any person or employee who:
(1) Deliberately causes or participates in the allegedviolation of law or regulation; or
(2) Knowingly or recklessly provides substantially falseinformation to the director or the attorney general or his or her designees.