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Section 36-26A-1
Section 36-26A-1 Short title.
This chapter shall be known and may be cited as @The State Employees Protection Act.@
(Acts 1994, No. 94-244, p. 341, §1.)
Section 36-26A-2
Section 36-26A-2 Definitions.
As used in this chapter, the following words and phrases have the following meanings:
(1) PUBLIC BODY. All of the following:
a. A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the Executive Branch of state government.
b. An agency, board, commission, council, member, or employee of the Legislative Branch of state government.
c. A law enforcement agency, including the offices of the Attorney General and district attorneys, or any member or employee of a law enforcement agency.
d. The Judicial Branch of state government and any member or employee of that branch.
(2) STATE EMPLOYEE. A person defined as a classified employee under Section 36-26-2.
(3) SUPERVISOR. Any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, regard, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of the authority is not of a merely routine or clerical nature but requires the use of independent judgment.
(Acts 1994, No. 94-244, p. 341, §2.)
Section 36-26A-3
Section 36-26A-3 Discharge for reporting violation of law prohibited.
A supervisor shall not discharge, demote, transfer, or otherwise discriminate against a state employee regarding the state employee*s compensation, terms, conditions, or privileges of employment if the state employee, reports, under oath or in the form of an affidavit, a violation of a law, a regulation, or a rule, promulgated pursuant to the laws of this state, or a political subdivision of this state, to a public body.
(Acts 1994, No. 94-244, p. 341, §3.)
Section 36-26A-4
Section 36-26A-4 Limitations; venue.
(a) A state employee shall bring a civil action within two years after the occurrence of the alleged violation of this chapter.
(b) A civil action may be brought in Montgomery County, or in the county in which the supervisor against whom the civil complaint is filed resides.
(Acts 1994, No. 94-244, p. 341, §4.)
Section 36-26A-5
Section 36-26A-5 Remedies.
A court, in rendering a judgment in an action brought pursuant to this chapter, may order, where appropriate, payment of back wages, front wages, and compensatory damages, or any combination of these remedies.
(Acts 1994, No. 94-244, p. 341, §5.)
Section 36-26A-6
Section 36-26A-6 Sovereign immunity.
This chapter does not create a new cause of action against the State of Alabama or its agencies.
(Acts 1994, No. 94-244, p. 341, §6.)
Section 36-26A-7
Section 36-26A-7 Conduct not protected.
Nothing in this chapter shall be construed to prevent or prohibit a supervisor from disciplining, discharging, transferring, or otherwise affecting the terms and conditions of a state employee*s employment not connected with the conduct protected by this chapter.
(Acts 1994, No. 94-244, p. 341, §7.)
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