3316 - Protection of public utility employees.
§ 3316. Protection of public utility employees. (a) Persons not to be discharged.--No employer may discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the employee or a person acting on behalf of the employee made or was about to make a good faith report, verbally or in writing, to the employer, the commission, the Office of Consumer Advocate, the Office of Small Business Advocate or the Office of Attorney General on an instance of wrongdoing or waste. (b) Discrimination prohibited.--No employer may discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the employee is requested by the commission, the Office of Consumer Advocate, the Office of Small Business Advocate or the Office of Attorney General to participate in an investigation, hearing or inquiry held by the commission or the Office of Attorney General or in a court action relating to the public utility. (c) Civil action.--A person who alleges a violation of this section may bring a civil action in a court of competent jurisdiction for appropriate injunctive relief or damages, or both, within 180 days after the occurrence of the alleged violation. (d) Necessary showing of evidence.--An employee alleging a violation of this section must show by a preponderance of the evidence that, prior to the alleged reprisal, the employee or a person acting on behalf of the employee had reported or was about to report in good faith, verbally or in writing, an instance of wrongdoing or waste to the employer, the commission, the Office of Consumer Advocate, the Office of Small Business Advocate or the Office of Attorney General. (e) Defense.--It shall be a defense to an action under this section if the defendant proves by a preponderance of the evidence that the action by the employer occurred for separate and legitimate reasons, which are not merely pretextual. (f) Enforcement.--A court, in rendering a judgment in an action brought under this section, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages or any combination of these remedies. A court shall also award the complainant all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, if the court determines that the award is appropriate. (g) Penalties.--A person who, under color of an employer's authority, violates this section shall be liable for a civil fine of not more than $500. A civil fine which is ordered under this section shall be paid to the State Treasurer for deposit into the General Fund. (h) Notice.--An employer shall post notices and use other appropriate means to notify employees and keep them informed of protections and obligations under this section. (i) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Employee." A person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied, for a public utility. "Employer." A person supervising one or more employees, including the employee in question, a superior or an agent of a public utility. "Good faith report." A report which is made without malice or consideration of personal benefit and which is made with reasonable cause to believe in its truth. "Waste." An employer's conduct or omissions which result in substantial abuse, misuse, destruction or loss of funds or resources belonging to or derived from a public utility. "Wrongdoing." A violation which is not of a merely technical or minimal nature of a Federal or State statute or regulation or of a political subdivision ordinance or regulation or of a code of conduct or ethics designed to protect the interest of the public or the employer. (July 8, 1993, P.L.456, No.67, eff. imd.) 1993 Amendment. Act 67 added section 3316.