39-1432. Same; immunity from liability of certain persons; employer prohibited from imposing sanctions on employee making report; attorney fees awarded, when.

39-1432

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 14.--REPORTING ABUSE, NEGLECT OR EXPLOITATION OF CERTAIN PERSONS

      39-1432.   Same; immunity from liability of certainpersons; employer prohibited from imposing sanctions on employee making report;attorney fees awarded, when.(a) Anyone participating in the making of any report pursuant to this act, orin any follow-up activity to the report, including providing records uponrequest of the department of social and rehabilitation services, orinvestigation of such report or who testifies in any administrative or judicialproceeding arising from such report shall not be subject to any civil liabilityon account of such report, investigation or testimony, unless such person actedin bad faith or with malicious purpose.

      (b)   No employer shall terminate the employment of, prevent or impair thepractice or occupation of or impose any other sanction on any employeesolely for the reason that such employee made or caused to be made areport, or cooperated with an investigation, under this act. A court, inaddition to other damages and remedies, may assess reasonable attorney feesagainst an employer who has been found to have violated theprovisions of this subsection.

      History:   L. 1989, ch. 129, § 3;L. 2003, ch. 91, § 13;L. 2004, ch. 153, § 1; July 1.