HF23

Purpose

This bill strengthens and expands whistleblower protections for public employees by amending Minnesota Statutes 2024 section 181.932. It adds new protected activities and clarifies that employers cannot retaliate against employees for certain in‑good‑faith disclosures or actions related to law compliance, public safety, and state operations.

Main Provisions

• Prohibited actions by an employer

  • An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or discriminate against an employee regarding compensation, terms, conditions, location, or privileges of employment for protected activities.

• Protected activities (in good faith)

  • Reporting a violation, suspected violation, or planned violation of any federal or state law, common law, or rule adopted pursuant to law to an employer or to any governmental body or law enforcement official.
  • Being requested by a public body or office to participate in an investigation, hearing, or inquiry.
  • Refusing an employer’s order to perform an action that the employee has an objective basis in fact to believe violates any state or federal law or rule, and informing the employer of that reason.
  • Reporting in good faith a situation where the quality of health care services provided by a health care facility, organization, or provider violates a standard set by federal or state law or a professionally recognized national clinical or ethical standard, potentially placing the public at risk.
  • Communicating findings of a scientific or technical study in good faith that the employee believes to be truthful and accurate, including reports to a governmental body or law enforcement official.
  • In the classified service of state government, communicating information the employee believes to be truthful and accurate and that relates to state services, including financing of state services, to a legislator, the legislative auditor, or a constitutional officer.
  • Reporting gross mismanagement or gross waste of funds to an employer, any governmental body, law enforcement official, the legislative auditor, a member of the legislature, or a constitutional officer.

• Data protection note

  • The disclosures protected under this section do not authorize the disclosure of data that is otherwise protected by law.

Significant Changes to Existing Law

• Expands scope of protected disclosures

  • Adds health care quality concerns potentially placing the public at risk.
  • Adds protection for reporting the findings of scientific or technical studies.
  • Extends whistleblower protection to communications about state service financing to legislators, the legislative auditor, or constitutional officers.
  • Explicitly protects employees who refuse unlawful orders based on a good‑faith belief of legal violation.
  • Includes gross mismanagement or gross waste of funds as protected disclosures to a broader set of recipients (employers, governmental bodies, law enforcement, legislative bodies, and constitutional officers).

• Clarifies beneficiaries and channels

  • Broadens who can receive protected disclosures (employers, governmental bodies, law enforcement, legislators, legislative auditors, constitutional officers) and reinforces “good faith” and truthfulness standards.

• Maintains data privacy boundaries

  • Keeps a caution that protected disclosures do not override data privacy or other legal protections.

Relevant Terms - whistleblower protections - public employees - Minnesota Statutes 2024 section 181.932 - prohibited action - discharge - discipline - penalize - interfere - threaten - restrain - coerce - discriminate - good faith - report violation - violated or planned violation - federal or state law - common law - rule adopted pursuant to law - government body - law enforcement official - investigation - hearing - inquiry - unlawful order - health care quality - health care facility - health care provider - standards (federal/state or professionally recognized national clinical/ethical) - public risk - scientific or technical study - truthful and accurate - financing of state services - legislator - legislative auditor - constitutional officer - gross mismanagement - gross waste of funds - data protected by law