Critics say it would tie the hands of business
Baton Rouge -- A bill aimed at strengthening the state's whistleblower protections stalled in a Louisiana House committee Thursday. House Bill 364 by Speaker Pro Tem Walt Leger, D-New Orleans, would have removed hurdles now faced by employees who report illegal acts by their employers and would have eliminated requirements that the improprieties be proven in order for the employee to qualify for protection.
Rep. Walt Leger III"They ought not have to risk their lives, their livelihoods and their family's livelihoods on" a court case, said David Marcello, of the Public Law Center at Tulane University.
With three members absent, the panel voted 6-6, leaving the measure bottled up. The bill is not dead but remains in the committee where it could be brought back for another round of discussion.
State law now requires that the employee go to the employer to complain first, but that has a "chilling effect" on the process, Leger said.
Existing law also allows an employer who is reported but wins their court case to seek attorneys fees and court costs from the employee who reported the violation. Leger's bill would strike that provision, relying instead on a requirement that the employee acted in good faith when reporting the violation.
That standard is typical of whistleblower protections, Leger said.
"No doubt there are employees who report their employers for (frivolous) violations," Leger said. "No doubt there are businesses that get away with violations because their employees are afraid to report the violation."
Leger's bill also would prohibit employees who give information about violations to competing businesses from claiming whistleblower status.
The bill drew opposition from both the Louisiana Association of Business and Industry and committee members.
"It seems like you are tying the hands of business" by not letting them dismiss employees who make false accusations, said Rep. Valarie Hodges, R-Denham Springs.
"It is opening the door to employees to complain against their employers so they have to defend themselves," said Rep. Lance Harris, R-Alexandria.
Jeff Adelson and Ed Anderson wrote this report. Adelson can be reached at jadelson@timespicayune.com or 225.342.5207. Anderson can be reached at eanderson@timespicayune.com or 225.342.5810.