§ 16-235. Prohibited human resources practices.

(a)

It shall be wrongful and illegal and a prohibited human resources practice for any employee who has authority to take, direct others to take, recommend, or approve any human resources action, to take or fail to take a human resources action with respect to any employee or applicant for employment solely, as a reprisal for a disclosure of information by an employee or applicant as to action taken by another employee or applicant which the employee or applicant reasonably believes evidences:

(1)

A violation of any law, rule or regulation; or

(2)

Mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety if such disclosure is not specifically prohibited by law.

(b)

The Director of Human Resources Management and the head of each department or agency shall be responsible for the prevention of prohibited human resources practices. Any individual to whom a department delegates authority for human resources management, or for any aspect thereof, shall be similarly responsible within the limits of the delegation. Nothing in this Subsection shall be construed to create a civil or criminal liability on the part of the Director of Human Resources Management, department head, or any other individual who did not directly engage in a prohibited human resources practice.

(c)

A prohibited human resources practice as defined in Subsection (a) shall constitute a basis for the initiation of a grievance.

(d)

A prohibited human resources practice as defined in Subsection (a) shall constitute a defense against an adverse action taken solely as a reprisal for a disclosure of information as set forth in Section 16-235(a), above.

(CB-5-1980; CB-22-2000; CB-25-2000; CB-91-2003)