Missouri Senate committee votes to pass Whistleblower Protection Act

This week, the Senate Commerce, Consumer Protection, Energy, and the Environment Committee voted do pass HB 2099, which would protect employees that are the whistleblowers that report illegal workplace conduct. The bill is sponsored by Rep. Kevin Elmer and would specify to whom employees must report concerns of illegal practices. By codifying this process, the law would also provide legal protection to employers.

The bill would establish the Whistleblower Protection Act, which would make it an unlawful employment practice for an employer to discharge or retaliate against an individual who is a protected person. The bill would then become the exclusive remedy for any and all unlawful employment practices and puts a cap on the amount of damages a person can receive. However, a court may award the plaintiff actual and punitive damages that may include all future losses, emotional pain and suffering, inconvenience, mental anguish, and loss of enjoyment of life.

Whistleblower reform was part of a robust package of employment law reforms introduced at the beginning of the legislative session in legislation originally filed by Rep. Elmer and Sen. Brad Lager. HB 1219, sponsored by Elmer, was passed by the General Assembly, but vetoed by Governor Nixon. Although significantly scaled back from HB 1219, The Missouri Chamber of Commerce and Industry is supportive of HB 2099.

Missouri Chamber of Commerce and Industry general counsel Rich AuBuchon testified on behalf of the bill, which needs to be passed out of the committee before it can be heard on the Senate floor.

For more information about employment law or the Whistleblower Protection Act, please contact Rich AuBuchon, general counsel for the Missouri Chamber of Commerce and Industry at raubuchon@mochamber.com or by phone at 573-634-3511.