Philadelphia Mayor Jim Kenney has signed a COVID-19 whistle-blower bill, effectively making Philadelphia the first U.S. city to enact such legislation.

The Essential Workers Protection Act, also known as the "Employee Protections in Connection with COVID-19 Emergency Health Order," makes it unlawful for employers to fire or otherwise retaliate against employees who speak out against unsafe health conditions amid the COVID-19 pandemic.

Protected Disclosures


The act prohibits employers from taking any adverse action against an employee who, in good faith, discloses or demonstrates an intention to disclose the employer's perceived violation of a local or state COVID-19 public health order that may significantly threaten the health or safety of employees or the public.

A rebuttable presumption of retaliation is imposed when an employer commits an adverse employment action within 90 days of the protected disclosure.

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Refusal to Work Under Unsafe Conditions


The Act also prohibits an adverse employment action (such as termination, refusal to employ, reduced pay or adverse change in working hours) against an employee who:

An employee may not refuse to work, however, if either:

Enforcement and Remedies


Employees may bring an action in a court of competent jurisdiction only after they file a complaint with the city's Department of Labor and obtain a "determination of reasonable cause to go forward."

Prevailing employees may recover civil penalties on behalf of the city for each violation, as well as back pay, reinstatement, other compensatory damages, and attorney fees.

Angela Quiles Nevarez is an attorney with © Jackson Lewis in Philadelphia. © 2020 Jackson Lewis. All rights reserved. Reposted with permission.