2006 Minnesota Statutes

181.932 DISCLOSURE OF INFORMATION BY EMPLOYEES.
    Subdivision 1. Prohibited action. An employer shall not discharge, discipline, threaten,
otherwise discriminate against, or penalize an employee regarding the employee's compensation,
terms, conditions, location, or privileges of employment because:
(a) the employee, or a person acting on behalf of an employee, in good faith, reports a
violation or suspected violation of any federal or state law or rule adopted pursuant to law to an
employer or to any governmental body or law enforcement official;
(b) the employee is requested by a public body or office to participate in an investigation,
hearing, inquiry;
(c) the employee refuses 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 or regulation adopted
pursuant to law, and the employee informs the employer that the order is being refused for that
reason; or
(d) the employee, in good faith, reports a situation in which the quality of health care services
provided by a health care facility, organization, or health care provider violates a standard
established by federal or state law or a professionally recognized national clinical or ethical
standard and potentially places the public at risk of harm.
    Subd. 2. Disclosure of identity. The identity of any employee making a report to a
governmental body or law enforcement official under subdivision 1, clause (a) or (d), is private
data on individuals as defined in section 13.02. The identity of an employee providing information
under subdivision 1, clause (b), is private data on individuals if:
(1) the employee would not have provided the information without an assurance that the
employee's identity would remain private, because of a concern that the employer would commit
an action prohibited under subdivision 1 or that the employee would be subject to some other
form of retaliation; or
(2) the state agency, statewide system, or political subdivision reasonably believes that the
employee would not have provided the data because of that concern.
If the disclosure is necessary for prosecution, the identity of the employee may be disclosed
but the employee shall be informed prior to the disclosure.
    Subd. 3. False disclosures. This section does not permit an employee to make statements or
disclosures knowing that they are false or that they are in reckless disregard of the truth.
    Subd. 4. Collective bargaining rights. This section does not diminish or impair the rights of
a person under any collective bargaining agreement.
    Subd. 5. Confidential information. This section does not permit disclosures that would
violate federal or state law or diminish or impair the rights of any person to the continued
protection of confidentiality of communications provided by common law.
History: 1987 c 76 s 2; 1988 c 659 s 2; 1997 c 237 s 16; 1999 c 227 s 14