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Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

 Chapter 105

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  105.467.  Discharge and discrimination prohibited, reasons — reinstatement. — 1.  A governmental body, state agency or appointing authority shall not discharge, threaten, or otherwise discriminate against a person or state employee acting on behalf of a person regarding compensation, terms, conditions, location, or privileges of employment because:

  (1)  The person or state employee acting on behalf of the person reports or is about to report, verbally or in writing, a violation or a suspected violation of sections 105.450 to 105.498; or

  (2)  A person or state employee acting on behalf of the person is requested by the commission to participate in an investigation, hearing, or inquiry held by the commission or any related court action.  

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This subsection shall not apply to a person or state employee acting on behalf of a person who knowingly or recklessly makes a false report.

  2.  A person or state employee acting on behalf of a person who alleges a violation of subsection 1 of this section may bring a civil action for appropriate injunctive relief, or actual damages, or both.

  3.  A court, in rendering a judgment in an action brought pursuant to this section, shall order, as the court considers appropriate, reinstatement of the person or state employee acting on behalf of the person, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies.  A court may also award such person all or a portion of the costs of litigation, including reasonable attorney's fees and witness fees, if the court determines that the award is appropriate.

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(L. 1991 S.B. 262)


---- end of effective   28 Aug 1991 ----

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