State Rep. Joseph Cervantes (Photo by Heath Haussamen)
State Rep. Joseph Cervantes’ Whistleblower Protection Act easily passed the House of Representatives today.
The proposal from the Las Cruces Democrat, House Bill 165, passed on a vote of 67-1.
The legislation would allow government employees to sue their employers if they’re retaliated against for reporting government corruption, testifying before a public body or refusing to participate in unlawful activity.
“The overwhelming support for the Whistleblower Protection Act reflects our commitment to protect public employees who come forward and disclose unlawful conduct in state government, or who refuse to join that unlawful activity,” Cervantes said in a news release. “These reforms prohibit retaliation against those who report government corruption and protect those who see government service as a public trust.”
Under the legislation, a public employer is prohibited from taking retaliatory action against a public employee who:
• Discloses or threatens to disclose activity, policy or practice of the public employer that is unlawful or improper, or that the public employee believes is unlawful or improper.
• Provides information or testifies as part of an investigation, hearing or inquiry into an unlawful or improper act.
• Objects or refuses to participate in an activity, policy or practice that is unlawful or improper.
The bill provides that a public employer is liable to the public employee for:
• Actual damages.
• Reinstatement with same seniority.
• Two times the amount of back pay, with interest.
• Special damages.
• Litigation costs and attorney fees.
The bill now heads to the Senate for consideration.