§ 22-5-3-3 — Protection of employees reporting violations of federal, state, or local laws; disciplinary actions for furnishing false information; violations by employers

Indiana § 22-5-3-3

• Jurisdiction: Indiana
• Art. 5: UNLAWFUL LABOR PRACTICES
• Ch. 3: Blacklisting

Text

(a) An employee of a private employer that is
under public contract may report in writing the existence of:
(1) a violation of a federal law or regulation;
(2) a violation of a state law or rule;
(3) a violation of an ordinance of a political subdivision (as
defined in IC 36-1-2-13); or
(4) the misuse of public resources;
concerning the execution of public contract first to the private
employer, unless the private employer is the person whom the
employee believes is committing the violation or misuse of public
resources. In that case, the employee may report the violation or misuse
of public resources in writing to either the private employer or to any
official or agency entitled to receive a report from the state ethics
commission under IC 4-2-6-4(b)(2)(J) or IC 4-2-6-4(b)(2)(K). If a good
faith effort is not made to correct the problem within a reasonable time,
the employee may submit a written report of the incident to any person,
agency, or organization.
(b) For having made a report under subsection (a), an employee may
not:
(1) be dismissed from employment;
(2) have salary increases or employment related benefits
withheld;
(3) be transferred or reassigned;
(4) be denied a promotion that the employee otherwise would
have received; or
(5) be demoted.
(c) Notwithstanding subsections (a) through (b), an employee must
make a reasonable attempt to ascertain the correctness of any
information to be furnished and may be subject to disciplinary actions
for knowingly furnishing false information, including suspension or
dismissal, as determined by the employer. However, any employee
disciplined under this subsection is entitled to process an appeal of the
disciplinary action as a civil action in a court of general jurisdiction.
(d) An employer who violates this section commits a Class A
infraction.

Legislative History

As added by P.L.32-1987, SEC.3. Amended by P.L.9-1990, SEC.14; P.L.149-2016, SEC.67.