a. No person shall interfere with any investigation, proceeding or hearing pursuant to this chapter.
b. No person shall take any adverse action against an employee that penalizes an employee for, or is reasonably likely to deter an employee from, exercising or attempting to exercise rights under this chapter or interfere with an employee's exercise of rights under this chapter and implementing rules.
c. Adverse actions include, but are not limited to, threats, intimidation, discipline, discharge, demotion, suspension, harassment, discrimination, reduction in hours or pay, informing another employer of an employee's exercise of rights under this chapter, blacklisting, and maintenance or application of an absence control policy that counts protected leave for safe/sick time as an absence that may lead to or result in an adverse action. Adverse actions include actions related to perceived immigration status or work authorization.
d. An employee need not explicitly refer to a provision of this chapter or implementing rules to be protected from an adverse action.
e. The protections of this section shall apply to any person who mistakenly but in good faith asserts their rights or alleges a violation of this chapter.
f. A causal connection between the exercise, attempted exercise, or anticipated exercise of rights protected by this chapter and implementing rules and an employer's adverse action against an employee or a group of employees may be established by indirect or direct evidence.
g. For purposes of subdivision b of this section, a violation is established when it is shown that a protected activity was a motivating factor for an adverse action, whether or not other factors motivated the adverse action.
(Am. L.L. 2020/097, 9/28/2020, eff. 9/30/2020; Am. L.L. 2021/172, 12/24/2021, retro. eff. 11/2/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/046 and L.L. 2021/172.