§ 63-5053.5. Prohibition of certain individual actions - Limitation of court jurisdiction - Liability for expenses or fees - Relief following adverse acts.

A.  In no event may a person bring an action under subsection B of Section 5053.2 of this title which is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the state is already a party.

B.  No court shall have jurisdiction over an action under this section based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a Congressional, legislative, administrative, or State Auditor and Inspector report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information.  For purposes of this subsection, "original source" means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the state before filing an action under this section which is based on the information.

C.  The state is not liable for expenses which a person incurs in bringing an action under this section.

D.  In civil actions brought under this section by this state, the provisions of Title 28 of the Oklahoma Statutes shall apply.

E.  Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of an action under this act, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed, shall be entitled to all relief necessary to make the employee whole.  Such relief shall include reinstatement with the same seniority status such employee would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney fees.  An employee may bring an action in the appropriate district court of the State of Oklahoma for the relief provided in this subsection.

Added by Laws 2007, c. 137, § 6, eff. Nov. 1, 2007.  Amended by Laws 2009, c. 32, § 2, eff. Nov. 1, 2009.