AB 1374, as introduced, Gray. State government: The California Whistleblower Protection Act.
Existing law, the California Whistleblower Protection Act, prohibits an employee from directly or indirectly using or attempting to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, commanding, or attempting to intimidate, threaten, coerce, or command any person for the purpose of interfering with the rights conferred pursuant to the act.
This bill would make technical, nonsubstantive changes to a provision of the act.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 8547.3 of the Government Code is
2amended to read:
(a) An employeebegin delete mayend deletebegin insert shallend insert not directly or indirectly
4use or attempt to use the official authority or influence of the
5employee for the purpose of intimidating, threatening, coercing,
6commanding, or attempting to intimidate, threaten, coerce, or
P2 1command any person for the purpose of interfering with the rights
2conferred pursuant to this article.
3(b) For the purpose of subdivision (a), “use of official authority
4or influence” includes promising to confer, or conferring, any
5benefit; effecting, or threatening to effect, any reprisal; or
taking,
6or directing others to take, or recommending, processing, or
7approving, any personnel action, including, but not limited to,
8appointment, promotion, transfer, assignment, performance
9evaluation, suspension, or other disciplinary action.
10(c) begin deleteAny end deletebegin insertAn end insertemployee who violates subdivision (a) may be liable
11in an action for civil damages brought against the employee by
12the offended party.
13(d) begin deleteNothing in this end deletebegin insertThis end insertsection shallbegin insert
notend insert be construed to
14authorize an individual to disclose information otherwise prohibited
15by or under law.
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