{"data":{"id":"us-ky/krs-61.103","jurisdiction":"us-ky","citation":"KRS 61.103","heading":"Definitions of \"disclosure\" and \"contributing factor\" -- Civil action by","body":"employee authorized -- Evidence.\nAs used in this section, unless the context otherwise requires:\n(1) (a) \"Disclosure\" means a person acting on his own behalf, or on behalf of another,\nwho reported or is about to report, either verbally or in writing, any matter set\nforth in KRS 61.102.\n(b) \"Contributing factor\" means any factor which, alone or in connection with\nother factors, tends to affect in any way the outcome of a decision. I t shall be\npresumed there existed a \"contributing factor\" if the official taking the action\nknew or had constructive knowledge of the disclosure and acted within a\nlimited period of time so that a reasonable person would conclude the\ndisclosure was a factor in the personnel action.\n(2) Notwithstanding the administrative remedies granted by KRS Chapters 16, 18A, 78,\n90, 95, 156, and other chapters of the Kentucky Revised Statutes, employees\nalleging a violation of KRS 61.102(1) or (2) may bring a civil action for appropriate\ninjunctive relief or punitive damages, or both, within ninety (90) days after the\noccurrence of the alleged violation. The action may be filed in the Circuit Court for\nthe county where the alleged violation occurred, the county where the complainant\nresides, or the county where the person against whom the civil complaint is filed\nresides or has his principal place of business.\n(3) Employees filing court actions under the provisions of subsection (2) of this section\nshall show by a preponde rance of evidence that the disclosure was a contributing\nfactor in the personnel action. Once a prima facie case of reprisal has been\nestablished and disclosure determined to be a contributing factor to the personnel\naction, the burden of proof shall be on  the agency to prove by clear and convincing\nevidence that the disclosure was not a material fact in the personnel action.\n(4) Any employee who testifies in an official proceeding shall be afforded the same\nprotections and rights as the employee who makes a disclosure as set forth in KRS\n61.102.","path":["KRS Chapter 61"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22890","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:14Z","sha256":"044bc8de9430e45ffa6aa36b0fb5f990dc0898e0ed2fc3a16b8a9014b9ec0e31","source_id":"us-ky","stale":false,"prev":"us-ky/krs-61.102","next":"us-ky/krs-61.105"},"notice":"GroundRules: Original legal text. Not legal advice."}