§ 973 - Protected activity - Vermont Statutes

§ 973. Protected activity TITLE 3ExecutivePART IGenerallyCHAPTER 27. STATE EMPLOYEES LABOR RELATIONS ACTSubchapter IV-A. Whistleblower Protection

§ 973. Protected activity

(a) A state agency, department, appointing authority, official, or employee shall not engage in retaliatory action against a state employee because the state employee refuses to comply with an illegal order or engages in any of the following:

(1) Providing to a public body a good faith report or good faith testimony that alleges an entity of state government, a state employee or official, or a person providing services to the state under contract has engaged in a violation of law or in waste, fraud, abuse of authority, or a threat to the health of employees, the public, or persons under the care of the state.

(2) Assisting or participating in a proceeding to enforce the provisions of this subchapter.

(b) No state agency, department, appointing authority, official, or employee shall attempt to restrict or interfere with, in any manner, a state employee's ability to engage in any of the protected activity described in subsection (a) of this section.

(c) No state agency, department, appointing authority, or manager shall require any state employee to discuss or disclose his or her testimony, or intended testimony, prior to an employee's appearance to testify before the general assembly if he or she is not testifying on behalf of an entity of state government.

(d) No employee may divulge information that is confidential under state or federal law. An act by which an employee divulges such information shall not be considered protected activity under this section.

(e) In order to establish a claim of retaliation based upon the refusal to follow an illegal order, the employee shall assert at the time of the refusal his or her good faith and reasonable belief that the order is illegal. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)