Title 23. Labor and Workers’ Compensation

Chapter 9. Miscellaneous Provisions

Part III. Interference with Individual Rights

23:967      Employee protection from reprisal; prohibited practices; remedies

A. An employer shall not take reprisal against an employee who in good faith, and after advising the employer of the violation of law: 

(1) Discloses or threatens to disclose a workplace act or practice that is in violation of state law. 

(2) Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of law. 

(3) Objects to or refuses to participate in an employment act or practice that is in violation of law. 

B. An employee may commence a civil action in a district court where the violation occurred against any employer who engages in a practice prohibited by Subsection A of this Section. If the court finds the provisions of Subsection A of this Section have been violated, the plaintiff may recover from the employer damages, reasonable attorney fees, and court costs. 

C. For the purposes of this Section, the following terms shall have the definitions ascribed below: 

(1) “Reprisal” includes firing, layoff, loss of benefits, or any discriminatory action the court finds was taken as a result of an action by the employee that is protected under Subsection A of this Section; however, nothing in this Section shall prohibit an employer from enforcing an established employment policy, procedure, or practice or exempt an employee from compliance with such. 

(2) “Damages” include compensatory damages, back pay, benefits, reinstatement, reasonable attorney fees, and court costs resulting from the reprisal. 

D. If suit or complaint is brought in bad faith or if it should be determined by a court that the employer’s act or practice was not in violation of the law, the employer may be entitled to reasonable attorney fees and court costs from the employee. 

Added by Acts 1997, No. 1104, § 1.