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May 4, 2009

If a Whistleblower reports wrong-doing to the agency he works for, is that reporting it to "any other agency" under the Kentucky Whistleblower Act?

Yes, according to the majority in Workforce Dev. Cab. v. Gaines, 276 S.W.3d 289 (Ky. 2008)


The statute provided:

 

No employer shall subject to reprisal, or directly or indirectly use,
or threaten to use, any official authority or influence, in any
manner whatsoever, which tends to discourage, restrain, depress,
dissuade, deter, prevent, interfere with, coerce, or discriminate
against any employee who in good faith reports, discloses,
divulges, or otherwise brings to the attention of the Kentucky
Legislative Ethics Commission, the Attorney General, the Auditor
of Public Accounts, the General Assembly of the Commonwealth of
Kentucky or any of its members or employees, the Legislative
Research Commission or any of its committees, members or
employees, the judiciary or any member or employee of the
judiciary, any law enforcement agency or its employees, or any
other appropriate body or authority, any facts or information
relative to an actual or suspected violation of any law, statute,
executive order, administrative regulation, mandate, rule, or
ordinance of the United States, the Commonwealth of Kentucky, or
any of its political subdivisions, or any facts or information relative
to actual or suspected mismanagement, waste, fraud, abuse of
authority, or , a substantial and specific danger to public health or
safety. No employer shall require any employee to give notice
prior to making such a report, disclosure, or divulgence.

KRS 61 .102(1) (emphasis added).

The state argued that ejusdem generis limited the phrase to agencies like those before it -- with investigatory powers -- and excluded others.  The majority, relying largely on general absurdity canons and policy arguments, construed the statute liberally; the dissent argued that the case foretells the tend of ejusdem generis in Kentucky...

May 4, 2009 in Current Affairs | Permalink

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