KRS § 61.102 — KY Code / Title VIII / Chapter 61 / Section 61.102
61.102 Reprisal against public employee for disclosure of violations of law prohibited -- Construction of statute
Status: in_force

61.102 Reprisal against public employee for disclosure of violations of law

prohibited -- Construction of statute.

(1) 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 Executive Branch Ethics

Commission, 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.

(2) No employer shall subject to reprisal or discriminate against, or use any official

authority or influence to cause reprisal or discrimination by others against, any

person who supports, aids, or substantiates any employee who makes public any

wrongdoing set forth in subsection (1) of this section.

(3) This section shall not be construed as:

(a) Prohibiting an employer from requiring that an employee inform him or her of

an official request made to an agency for information, or the substance of

testimony made, or to be made, by the employee to legislators on behalf of an

agency;

(b) Permitting the employee to leave his or her assigned work area during normal

work hours without following applicable law, administrative regulations,

rules, or policies pertaining to leave, unless the employee is requested by the

Kentucky Legislative Ethics Commission or the Executive Branch Ethics

Commission to appear before the commission, or by a legislator or a

legislative committee to appear before a legislative committee;

(c) Authorizing an employee to represent his or her personal opinions as the

opinions of his or her employer; or

(d) Prohibiting disciplinary or punitive action if an employee discloses

information which he or she knows:

1. To be false or which he or she discloses with reckless disregard for its

truth or falsity;

2. To be exempt from required disclosure under the provisions of KRS

61.870 to 61.884; or

3. Is confidential under any other provision of law.