(a) Basis for relief.--A person may commence an action for appropriate relief if all of the following apply:
(1) The person is required to report under section 6311 (relating to persons required to report suspected child abuse) or encouraged to report under section 6312 (relating to persons encouraged to report suspected child abuse).
(2) The person acted in good faith in making or causing the report of suspected child abuse to be made.
(3) As a result of making the report of suspected child abuse, the person is discharged from employment or is discriminated against with respect to compensation, hire, tenure, terms, conditions or privileges of employment.
(b) Applicability.--This section does not apply to an individual making a report of suspected child abuse who is found to be a perpetrator because of the report or to any individual who fails to make a report of suspected child abuse as required under section 6311 and is subject to conviction under section 6319 (relating to penalties) for failure to report or to refer.
(c) Location.--An action under this section must be filed in the court of common pleas of the county in which the alleged unlawful discharge or discrimination occurred.
(d) Relief.--Upon a finding in favor of the plaintiff, the court may grant appropriate relief, which may include reinstatement of the plaintiff with back pay.
(e) Departmental intervention.--The department may intervene in an action commenced under this section.
(Apr. 15, 2014, P.L.425, No.34, eff. Dec. 31, 2014)
2014 Amendment. Act 34 added section 6320.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 63 - Child Protective Services
Section 6301 - Short title of chapter
Section 6302 - Findings and purpose of chapter
Section 6304 - Exclusions from child abuse
Section 6305 - Electronic reporting
Section 6311 - Persons required to report suspected child abuse
Section 6311.1 - Privileged communications
Section 6312 - Persons encouraged to report suspected child abuse
Section 6313 - Reporting procedure
Section 6314 - Photographs, medical tests and X-rays of child subject to report
Section 6315 - Taking child into protective custody
Section 6316 - Admission to private and public hospitals
Section 6317 - Mandatory reporting and postmortem investigation of deaths
Section 6318 - Immunity from liability
Section 6320 - Protection from employment discrimination
Section 6331 - Establishment of Statewide database
Section 6332 - Establishment of Statewide toll-free telephone number
Section 6333 - Continuous availability of department
Section 6334 - Disposition of complaints received
Section 6334.1 - Responsibility for investigation
Section 6335 - Access to information in Statewide database
Section 6336 - Information in Statewide database
Section 6338 - Disposition of founded and indicated reports
Section 6339 - Confidentiality of reports
Section 6340 - Release of information in confidential reports
Section 6340.1 - Exchange of information
Section 6341 - Amendment or expunction of information
Section 6342 - Studies of data in records
Section 6343 - Investigating performance of county agency
Section 6343.1 - Citizen review panels
Section 6344 - Employees having contact with children; adoptive and foster parents
Section 6344.1 - Information relating to certified or licensed child-care home residents
Section 6344.2 - Volunteers having contact with children
Section 6344.3 - Continued employment or participation in program, activity or service
Section 6344.4 - Recertification
Section 6345 - Audits by Attorney General
Section 6346 - Cooperation of other agencies
Section 6347 - Reports to Governor and General Assembly
Section 6361 - Organization for child protective services
Section 6362 - Responsibilities of county agency for child protective services
Section 6363 - County plan for protective services
Section 6364 - Purchasing services of other agencies
Section 6365 - Services for prevention, investigation and treatment of child abuse
Section 6366 - Continuous availability to receive reports
Section 6367 - Reports to department and coroner
Section 6368 - Investigation of reports
Section 6369 - Taking child into protective custody (Repealed)
Section 6370 - Voluntary or court-ordered services; findings of child abuse
Section 6371 - Rehabilitative services for child and family
Section 6372 - Protecting well-being of children maintained outside home
Section 6373 - General protective services responsibilities of county agency
Section 6374 - Principles and goals of general protective services
Section 6375 - County agency requirements for general protective services
Section 6376 - Appeals with respect to general protective services
Section 6378 - Purchase of services
Section 6381 - Evidence in court proceedings
Section 6382 - Guardian ad litem for child in court proceedings (Repealed)
Section 6383 - Education and training
Section 6384 - Legislative oversight
Section 6385 - Reimbursement to county agencies