# State Finance and Procurement (GSF)

## Title 11. Definitions; General Provisions

### Subtitle 3. State Contractor Employees' Whistleblower Protection

#### Section 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 Sec. 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.

#### Section 11-302

An employer subject to this subtitle shall provide employees with written notice of the protections and remedies provided by this subtitle.

#### Section 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

(3) following a disclosure under item (1) of this section, seeks a remedy provided under this subtitle.

#### Section 11-304

(a) Any employee who is subject to a personnel action in violation of Sec. 11-303 of this subtitle may institute a civil action in the county where:

  (1) the alleged violation occurred;

  (2) the employee resides; or

  (3) the employer maintains its principal office in the State.

(b) The action shall be brought within 1 year after the alleged violation of Sec. 11-303 of this subtitle occurred or within 1 year after the employee first became aware of the alleged violation of Sec. 11-303 of this subtitle.

#### Section 11-305

In any action brought under this subtitle, a court may:

(1) issue an injunction to restrain continued violation of Sec. 11-303 of this subtitle;

(2) reinstate the employee to the same or an equivalent position held before the violation of Sec. 11-303 of this subtitle;

(3) remove any adverse personnel record entries based on or related to the violation of Sec. 11-303 of this subtitle;

(4) reinstate full fringe benefits and seniority rights;

(5) require compensation for lost wages, benefits, and other remuneration;

(6) award costs of litigation and reasonable attorney's fees to the prevailing employee; and

(7) award any other appropriate damages and relief.

#### Section 11-306

In any action brought under this subtitle, it is a defense that the personnel action was based on grounds other than the employee's exercise of any rights protected under this subtitle.

---

Md. Code Ann., State Fin. & Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)