Alabama Whistleblower Protections
All Alabama citizens are protected by state and federal whistleblower laws. We have provided information about many of the laws in Alabama below. For more information about federal laws, click here.
Government Employees
Other Whistleblower Laws
Statutes specifically protecting government whistleblowers
The State Employment Protection Act, Ala. Code §36-26A-1 et seq. (2012)
The State Employment Protection Act prohibits supervisors from retaliating against a state employee if the employee reports, under oath or in a form of an affidavit, a violation of law, regulation or rule.
Parties Protected By Statute
A state employee is a person defined as a classified employee under Section 36-26-2:
- (3) Unless exempted by law, all nonprobationary state employees shall be covered by the grievance procedure established pursuant to this chapter and any regulations adopted pursuant thereto. Employees not covered by the grievance procedure may be covered by an alternative grievance procedure.
- (10) The Office of the Attorney General and every legislative, judicial, and independent agency that is not subject to the state grievance procedure shall establish and administer a grievance procedure.
Protected Actions Under Statute
A supervisor shall not discharge, demote, transfer, or otherwise discriminate against a state employee regarding the state employee’s compensation, terms, conditions, or privileges of employment if the state employee, reports, under oath or in the form of an affidavit, a violation of a law, a regulation, or a rule, promulgated pursuant to the laws of this state, or a political subdivision of this state, to a public body.
Ala. Code § 36-26A-3
Specific Remedies Authorized By Statute
A court, in rendering a judgment in an action brought pursuant to this chapter, may order, where appropriate, payment of back wages, front wages, and compensatory damages, or any combination of these remedies.
Ala. Code § 36-26A-5
Statutes protecting whistleblowers who report workplace discrimination
Ala. Code § 25-1-21
An employer may not retaliate against an employee for opposing unlawful age discrimination. An employer may also not retaliate against an employee for making a charge or in any way assisting with an investigation, proceeding or hearing under Alabama’s law prohibiting age discrimination.
Citation
Ala. Code § 25-1-28
Parties Protected By Statute
Any employee.
Protected Actions Under Statute
- opposing unlawful age discrimination
- making a charge, testifying, assisting, or participating in an investigation, proceeding, or hearing under Alabama law concerning age discrimination
Specific Remedies Authorized By Statute
An employee may elect to pursue remedies under Title VII, the ADEA, or in at alternative, may bring a civil action in circuit court in which the person was employed for legal or equitable relief.
Statutes protecting whistleblowers who report workplace safety issues
Ala. Code § 25-5-11.1 (Workman’s Compensation)
An employer may not retaliate against an employee for filing a worker’s compensation claim or a written notice of a violation of a safety rule.
Citation
Ala. Code § 25-5-11.1
Parties Protected By Statute
All employees.
Protected Actions Under Statute
- Employee instituted or maintained an action against the employer to recover workers’ comp benefits
- Employee filed a written notice of violation of a safety rule.
Specific Remedies Authorized By Statute
Compensatory and punitive damages.
Statutes protecting whistleblowers who report possible wrongdoing in other specific areas
Ala. Code § 25-5-11.1 (Workman’s Compensation)
An employer may not retaliate against an employee for filing a worker’s compensation claim or a written notice of a violation of a safety rule.
Citation
Ala. Code § 25-5-11.1
Parties Protected By Statute
All employees.
Protected Actions Under Statute
- Employee instituted or maintained an action against the employer to recover workers’ comp benefits
- Employee filed a written notice of violation of a safety rule.
Specific Remedies Authorized By Statute
Compensatory and punitive damages.
Ala. Code § 25-8-57
An employer may not retaliate against an employee for opposing child labor law violations.
Citation
Ala. Code § 25-8-57
Parties Protected By Statute
All employees.
Protected Actions Under Statute
- opposing child labor law violations
- making a charge, testified, assisted, or participated in any matter regarding child labor law violations
Public policy exception to employment at will
Public-Policy Exception Case Law
Alabama strongly follows the at-will employment doctrine. However, Alabama recognizes a very limited exception to this doctrine: when but for the harassment of an employer and work-related medical problems the employee would not have resigned.
Have any state courts recognized a public-policy exception without being reversed?
Yes
Has the state's highest court recognized a public-policy exception?
Yes
Main judicial opinion(s) that established the public-policy exception
Ex parte Breitsprecher, 772 So. 2d 1125 (Ala. 2000)
Protected Actions Under State's Public-Policy Exception Case Law
- When an employee suffers from work-related medical problems and harassment from an employer stemming from those medical problems.