Mississippi Code
Miss. Code Ann. § 25-9-173 (2024)
Prohibition against dismissing or adversely affecting compensation or employment status of public employee for providing information to investigative body; reprisals and retaliatory actions; conditions for recovery of damages and other remedies
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) No agency shall dismiss or otherwise adversely affect the compensation or employment status of any public employee because the public employee testified or provided information to a state investigative body whether or not the testimony or information is provided under oath.
- (2) Any person who is a whistleblower, as defined in Section 25-9-171, and who as a result of being a whistleblower has been subjected to workplace reprisal or retaliatory action, is entitled to the remedies provided under Section 25-9-175. For the purpose of this section, "reprisal or retaliatory action" means, but is not limited to:
- (a) Unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations;
- (b) Demotion;
- (c) Reduction in pay;
- (d) Denial of promotion;
- (e) Suspension;
- (f) Dismissal; and
- (g) Denial of employment.
- (3) An employee who has filed a valid whistleblower complaint may not recover the damages and other remedies provided under Section 25-9-175 unless the dismissal or adverse action taken against him was the direct result of providing information to a state investigative body.
- (4) Nothing in this section prohibits a governmental entity from making any decision exercising its authority to terminate, suspend or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower.
- (5) A governmental entity is not precluded from taking any action in accordance with established personnel policies against an employee who knowingly and intentionally provides false information to a state investigative body.
Laws, 1991, ch. 454, § 2; Laws, 1999, ch. 424, § 3, eff. 3/18/1999.
Notes of Decisions
Cited in 8
cases (3 in the last 5 years), 2001–2025 · leading case: Anthony Gibson v. Jeffrey Kilpatrick, 838 F.3d 476 (5th Cir. 2016).
Anthony Gibson v. Jeffrey Kilpatrick, 838 F.3d 476 (5th Cir. 2016). “§ 1221 (2012) (creating a cause of action for federal employees who suffer adverse employment actions from exposing illegality, abuse of authority, and the like); Miss. Code Ann. § 25-9-173 (West 2016) (creating a cause of action for state and local employees who experience…”
Dr. William P. Harman v. Univ. of Tennessee, 353 S.W.3d 734 (Tenn. 2011). “149, § 185 (a)(5) (2004)); Mississippi ( Miss. Code Ann. § 25-9-173 (2)(b) (2010)); Missouri ( Mo.”
Bryant v. Mississippi Military Dep't, 519 F. Supp. 2d 622 (S.D. Miss. 2007). “Plaintiff has also alleged a claim for violation of the Mississippi Whistleblower Protection Act, Miss.Code Ann. § 25-9-173 et seq. 5 Defendants submit that plaintiff cannot prevail on this claim for each of three reasons.”
Blackwell v. Bd. of Animal Health, 784 So. 2d 996 (Miss. Ct. App. 2001). “Blackwell asserts that the BAH denied her continued employment and harassed her in violation of Miss. Code Ann. § 25-9-173 (1) (Rev.1999) which states: No agency shall dismiss or otherwise adversely affect the compensation or employment status of any public employee because the…”
Moffett v. Mississippi Dep't of Mental Health, 507 F. App'x 427 (5th Cir. 2013). “Miss.Code Ann. § 25-9-173(1) (2012). 19 .”
Mark Johnson v. Clarksdale Pub. Utils. Comm'n, No. 4:21-cv-00120 (N.D. Miss. Oct. 20, 2025). “§ 1983 , and the Mississippi Whistleblower Protection Act (“MWPA”), Miss. Code Ann. § 25-9-173 . He also seeks partial summary judgment on Defendants’ affirmative defenses raised in their Answer [46].”
Conway v. Biloxi Pub. Sch. Dist., No. 1:20-cv-00107 (S.D. Miss. Aug. 2, 2022). “To succeed on her First Amendment retaliation 3 Plaintiff also alleges wrongful discharge under Mississippi state law in violation of the McArn doctrine, Miss. Code Ann. § 25-9-173 , and the School District’s Whistleblower Protection Policy.”
Mark P. Johnson v. George Miller, Sr., 396 So. 3d 1137 (Miss. 2024). “Miss. Code Ann. § 25-9-173 (2)(a)-(g) (Rev.”
Miss. Code Ann. § 25-9-173(1): 1 case
Moffett v. Mississippi Dep't of Mental Health, 507 F. App'x 427 (5th Cir. 2013). “Miss.Code Ann. § 25-9-173(1) (2012). 19 .”
Miss. Code Ann. § 25-9-173(2)(b): 1 case
Dr. William P. Harman v. Univ. of Tennessee, 353 S.W.3d 734 (Tenn. 2011). “149, § 185 (a)(5) (2004)); Mississippi ( Miss. Code Ann. § 25-9-173 (2)(b) (2010)); Missouri ( Mo.”
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