Employers may not retaliate against a person who in good faith reports certain criminal conduct or cooperates with related investigations.
Sec. 40.083. EMPLOYER RETALIATION PROHIBITED. (a) In this section, "adverse employment action" means an action that affects an employee's compensation, promotion, transfer, work assignment, or performance evaluation, or any other employment action that would dissuade a reasonable employee from submitting or supporting a report under Section 40.082. (b) An employer may not suspend or terminate the employment of, discriminate against, or take any other adverse employment action against a person who in good faith: (1) reports conduct constituting a criminal offense as required by Section 40.082; or (2) initiates or cooperates with an investigation or proceeding relating to the conduct constituting a criminal offense reported under Section 40.082. (c) An employee may sue for injunctive relief, damages, or both if, in violation of this section, the employee: (1) is suspended or terminated from the person's employment; (2) is discriminated against; or (3) suffers any other adverse employment action. (d) A plaintiff who prevails in a suit under this section may recover: (1) actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown; (2) exemplary damages under Chapter 41, Civil Practice and Remedies Code, if the employer is a private employer; (3) court costs; and (4) reasonable attorney's fees. (e) In addition to amounts recovered under Subsection (d), a plaintiff who prevails in a suit under this section is entitled to: (1) reinstatement to the person's former position or a comparable position in terms of compensation, benefits, and other conditions of employment; (2) reinstatement of any fringe benefits and seniority rights lost because of the suspension, termination, or discrimination; and (3) compensation for wages lost during the period of suspension or termination. (f) A department employee who alleges a violation of this section may sue the department for the relief provided for by this section. Sovereign immunity is waived and abolished to the extent of liability created by this section. (g) A plaintiff suing under this section has the burden of proof, except there is a rebuttable presumption that the plaintiff's employment was suspended or terminated or that the plaintiff was otherwise discriminated against for reporting abuse or neglect if the suspension, termination, or discrimination occurs before the 61st day after the date on which the person submitted a report in good faith. (h) A suit under this section may be brought in a district or statutory county court of the county in which: (1) the plaintiff was employed by the defendant; or (2) the defendant conducts business. (i) It is an affirmative defense to a suit under Subsection (c) that an employer would have taken against the employee the action that forms the basis of the suit based solely on information, observation, or evidence unrelated to the fact that the employee made a report under Section 40.082 or initiated or cooperated with an investigation or proceeding relating to the conduct constituting a criminal offense reported under Section 40.082. (j) A public employee who has a cause of action under Chapter 554, Government Code, based on conduct described by Subsection (b) may not bring an action based on that conduct under this section. (k) This section does not apply to a person who reports the person's own criminal conduct or who initiates or cooperates with an investigation or proceeding by a governmental entity relating to an allegation of the person's own criminal conduct. Added by Acts 2023, 88th Leg., R.S., Ch. 1044 (S.B. 182), Sec. 1, eff. September 1, 2023.