Louisiana Whistleblower Protections
All Louisiana citizens are protected by state and federal whistleblower laws. We have provided information about many of the laws in Louisiana below. For more information about federal laws, click here.
Government Employees
Other Whistleblower Laws
Statutes specifically protecting government whistleblowers
Freedom from reprisal for disclosure of improper acts, La. Rev. Stat. Ann. § 42:1169
Parties Protected By Statute
La. Rev. Stat. Ann. § 42:1169(A)
“Any public employee who reports to a person or entity of competent authority or jurisdiction information which he reasonably believes indicates a violation of any law or of any order, rule, or regulation issued in accordance with law or any other alleged acts of impropriety related to the scope or duties of public employment or public office within any branch of state government or any political subdivision shall be free from discipline, reprisal, or threats of discipline or reprisal by the public employer for reporting such acts of alleged impropriety. No employee with authority to hire, fire, or discipline employees, supervisor, agency head, nor any elected official shall subject to reprisal or threaten to subject to reprisal any such public employee because of the employee’s efforts to disclose such acts of alleged impropriety.”
Protected Actions Under Statute
La. Rev. Stat. Ann. § 42:1169(B)(1)(a)
If any public employee is suspended, demoted, dismissed, or threatened with such suspension, demotion, or dismissal as an act of reprisal for reporting an alleged act of impropriety in violation of this Section, the public employee shall report such action to the board.
La. Rev. Stat. Ann. § 42:1169(B)(1)(b)
If any person that is a public employee because of a contractual arrangement with a governmental entity or agency thereof has the contract with the governmental entity or agency suspended, reduced, or terminated or is threatened with the suspension, reduction, or termination of the contract with the governmental entity or agency as an act of reprisal for reporting an alleged act of impropriety in violation of this Section, the public employee shall report such action to the board.
Specific Remedies Authorized By Statute
La. Rev. Stat. Ann. § 42:1169(B)(2)(a)
A public employee who is wrongfully suspended, demoted, or dismissed shall be entitled to reinstatement of his employment and entitled to receive any lost income and benefits for the period of any suspension, demotion, or dismissal.
La. Rev. Stat. Ann. § 42:1169(B)(2)(b)
A person that is a public employee because of a contractual arrangement with a governmental entity or agency thereof whose contract is wrongfully suspended, reduced, or terminated shall be entitled to reinstatement of his contract and entitled to receive any lost compensation under the terms of the contract.
Statutes protecting whistleblowers who report fraud against government
Whistleblower protection and cause of action
Citation
La. Rev. Stat. Ann. § 46:440.3
Parties Protected By Statute
La. Rev. Stat. Ann. § 46:440.3(A)
No employee shall be discharged, demoted, suspended, threatened, harassed, or discriminated against in any manner in the terms and conditions of his employment because of any lawful act engaged in by the employee or on behalf of the employee in furtherance of any action taken pursuant to this Part in regard to a health care provider or other person from whom recovery is or could be sought. Such an employee may seek any and all relief for his injury to which he is entitled under state or federal law.
Protected Actions Under Statute
La. Rev. Stat. Ann. § 46:440.3(B)
No individual shall be threatened, harassed, or discriminated against in any manner by a health care provider or other person because of any lawful act engaged in by the individual or on behalf of the individual in furtherance of any action taken pursuant to this Part in regard to a health care provider or other person from whom recovery is or could be sought except that a health care provider may arrange for a recipient to receive goods, services, or supplies from another health care provider if the recipient agrees and the arrangement is approved by the secretary. Such an individual may seek any and all relief for his injury to which he is entitled under state or federal law.
Specific Remedies Authorized By Statute
La. Rev. Stat. Ann. § 46:440.3(C)(2)
A person aggrieved of a violation of Subsection A or B of this Section shall be entitled to exemplary damages.
General-purpose statutes protecting whistleblowers
Employee protection from reprisal; prohibited practices; remedies
Citation
La. Rev. Stat. Ann. § 23:967
Protected Actions Under Statute
La. Rev. Stat. Ann. § 23:967(A)(1-3)
An employer shall not take reprisal against an employee who in good faith, and after advising the employer of the violation of law:
(1) Discloses or threatens to disclose a workplace act or practice that is in violation of state law.
(2) Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of law.
(3) Objects to or refuses to participate in an employment act or practice that is in violation of law.
La. Rev. Stat. Ann. § 23:967(C)(1-2)
For the purposes of this Section, the following terms shall have the definitions ascribed below:
(1) “Reprisal” includes firing, layoff, loss of benefits, or any discriminatory action the court finds was taken as a result of an action by the employee that is protected under Subsection A of this Section; however, nothing in this Section shall prohibit an employer from enforcing an established employment policy, procedure, or practice or exempt an employee from compliance with such.
(2) “Damages” include compensatory damages, back pay, benefits, reinstatement, reasonable attorney fees, and court costs resulting from the reprisal.
Specific Remedies Authorized By Statute
La. Rev. Stat. Ann. § 23:967(B)
An employee may commence a civil action in a district court where the violation occurred against any employer who engages in a practice prohibited by Subsection A of this Section. If the court finds the provisions of Subsection A of this Section have been violated, the plaintiff may recover from the employer damages, reasonable attorney fees, and court costs.
Environmental violations reported by employees; reprisals prohibited
Citation
La. Rev. Stat. Ann. § 30:2027
Parties Protected By Statute
La. Rev. Stat. Ann. § 30:2027(A)
No firm, business, private or public corporation, partnership, individual employer, or federal, state, or local governmental agency shall act in a retaliatory manner against an employee, acting in good faith
Protected Actions Under Statute
La. Rev. Stat. Ann. § 30:2027(A)(1-2)
(1) Discloses, or threatens to disclose, to a supervisor or to a public body an activity, policy, practice of the employer, or another employer with whom there is a business relationship, that the employee reasonably believes is in violation of an environmental law, rule, or regulation.
(2) Provides information to, or testifies before any public body conducting an investigation, hearing, or inquiry into any environmental violation by the employer, or another employer with whom there is a business relationship, of an environmental law, rule, or regulation.
Specific Remedies Authorized By Statute
“Damages” to be tripled pursuant to Paragraph B(1) of this Section shall be for the period of the damage, but not to exceed three years, and shall include but not be limited to lost wages, lost anticipated wages due to a wage increase, or loss of anticipated wages which would have resulted from a lost promotion, and if the period of the damage exceeds three years, the employee shall thereafter be entitled to actual damages. In addition to the above, “damages” shall also include any property lost as a result of lost wages, lost benefits, and any physical or emotional damages resulting therefrom.