All states have laws that protect individuals who report (or "blow the whistle") on employers who engage in illegal or unethical behavior, either to the proper authorities or (in some cases) the media. State whistleblower laws usually protect workers in the public sector, but some also protect private-sector employees. Generally, these laws make it illegal for employers to retaliate against whistleblowers (firing or demoting them, for example).
Louisiana Whistleblower Laws at a Glance
Louisiana law protects both public- and private-sector employees from retaliation for whistleblowing. While the statute protecting public employees is relatively broad, the statute protecting both public and private employees is limited to whistleblowers who expose a breach in environmental law. Public employees who prevail in a whistleblower lawsuit may be reinstated in their former job and/or paid back pay and benefits.
Federal Law Protections for Whistleblowers
The federal Clean Air Act, Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Energy Reorganization Act, Safe Drinking Water Act, Solid Waste Disposal Act, Toxic Substance Control Act, and Water Pollution Control Act each contain protections for an employee who complains about safety or health hazards either in the workplace, or to the environment, caused by an employer. In order to be protected under these acts, an employee must have a good-faith belief that the employer is violating the law, and must complain either to the employer or to a federal agency about the apparent violation.
See the following charts to learn more about Louisiana's whistleblower protections. See FindLaw's Whistleblowers section for more articles and resources.
| Code Section | 42:1169 |
| Prohibited Employer Activity | Cannot discipline or reprise an employee who reports a violation of any rule, order, or regulation, or any acts of impropriety within a government entity or related to the scope and/or duties of public employment or public office within state government |
| Protection for Public or Private Employees? | Public |
| Opportunity for Employer to Correct? | - |
| Remedies | If employee is suspended, demoted, or dismissed, then report to board of ethics for elected officials or the commission on ethics for public employees. Remedies: reinstatement, back pay and benefits |
| Penalties | - |
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| Code Section | 30:2027 |
| Prohibited Employer Activity | Cannot act in a retaliatory manner against an employee who discloses or threatens to disclose a violation of environmental law, rule or regulation or provides information to or testifies before an investigation hearing |
| Protection for Public or Private Employees? | Both |
| Opportunity for Employer to Correct? | - |
| Remedies | Civil action for triple damages and all court costs and attorney's fees and all other civil and criminal remedies |
| Penalties | - |
Note: State laws are constantly changing. You may want to contact a Louisiana whistleblower attorney or conduct your own legal research to verify the state law(s) you are researching.
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Related Resources for Whistleblower Laws
