Ch. 397                                    2004 LAWS OF MARYLAND

Article - State Finance and Procurement

SUBTITLE 3. STATE CONTRACTOR EMPLOYEES' WHISTLEBLOWER PROTECTION.
11-301.

(A)     IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)     (1) "EMPLOYEE" MEANS ANY INDIVIDUAL WHO PERFORMS SERVICES
FOR, OR UNDER THE CONTROL AND DIRECTION OF, AN EMPLOYER FOR WAGES OR
OTHER REMUNERATION.

(2) "EMPLOYEE" DOES NOT INCLUDE AN EMPLOYEE AS DEFINED IN §
1-501(C)(1) OF THE HEALTH OCCUPATIONS ARTICLE.

(C)     (1) "EMPLOYER" MEANS A PERSON ENGAGED IN A BUSINESS, INDUSTRY,
PROFESSION, TRADE, OR OTHER ENTERPRISE THAT ENTERS A PROCUREMENT
CONTRACT WITH A UNIT TO PROVIDE SUPPLIES OR SERVICES UNDER THIS DIVISION
II.

(2)      "EMPLOYER" INCLUDES AGENTS, CONTRACTORS, AND
SUBCONTRACTORS OF AN EMPLOYER

(3)      "EMPLOYER" DOES NOT INCLUDE A UNIT OF STATE GOVERNMENT
SUBJECT TO THE PROVISIONS OF TITLE 5, SUBTITLE 3 OF THE STATE PERSONNEL
AND PENSIONS ARTICLE OR THE JUDICIAL BRANCH OF STATE GOVERNMENT.

11-302.

AN EMPLOYER SUBJECT TO THIS SUBTITLE SHALL PROVIDE EMPLOYEES WITH
WRITTEN NOTICE OF THE PROTECTIONS AND REMEDIES PROVIDED BY THIS
SUBTITLE.

11-303.

AN EMPLOYER MAY NOT TAKE OR REFUSE TO TAKE ANY PERSONNEL ACTION
AS A REPRISAL AGAINST AN EMPLOYEE BECAUSE THE EMPLOYEE:

(1)      DISCLOSES INFORMATION THAT THE EMPLOYEE REASONABLY
BELIEVES EVIDENCES:

(I)      AN ABUSE OF AUTHORITY, GROSS MISMANAGEMENT, OR GROSS
WASTE OF MONEY;

(II)     A SUBSTANTIAL AND SPECIFIC DANGER TO PUBLIC HEALTH OR
SAFETY; OR

(III)   A VIOLATION OF LAW;

(2)      OBJECTS TO OR REFUSES TO PARTICIPATE IN ANY ACTIVITY, POLICY,
OR PRACTICE IN VIOLATION OF LAW; OR

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