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(1) An employee or other person may report to the Agency any suspected violation of this Chapter.
(2) The Agency is authorized to take such steps as it deems appropriate to resolve complaints and enforce this Chapter, including, but not limited to, establishing a system to receive complaints regarding non-compliance with this Chapter, investigating alleged violations in a timely manner, and resolving complaints through mediation. The Agency may also open an investigation on its own initiative.
(3) Any person alleging a violation of this Chapter shall file a complaint with the Agency within two years of the date the person knew or should have known of the alleged violation. The Agency shall maintain confidential the identity of any complainant unless disclosure of such complainant's identity is necessary for resolution of any investigation by the Agency, or otherwise required by law. The Agency shall, to the extent practicable, notify such complainant that the Agency will be disclosing his or her identity prior to such disclosure.
(4) Upon receiving a complaint alleging a violation of this Chapter, the Agency shall investigate such complaint and, if appropriate, attempt to resolve it through mediation. The Agency may designate representatives to inspect worksites and access records required to be maintained under Section 9-4609. The Agency shall keep complainants reasonably notified regarding the status of their complaint and any resulting investigation and shall notify complainants of any final decision of the Agency, including any mediation result, with respect to the complaint. Whenever the Agency finds that a violation of this Chapter has occurred, it shall issue to the offending employer a notice of violation.
(5) The Agency shall have the power to subpoena records and testimony from any party to a complaint. Such records shall be provided to the Agency within thirty (30) days after receipt of the subpoena.
(6) The Agency shall have the power to impose penalties and fines for violation of this Chapter and to provide or obtain appropriate relief. Remedies may include reinstatement and full restitution to the employee for lost wages and benefits, including Predictability Pay required by this Chapter. The Agency shall also fix by regulation an amount of presumed damages to be awarded to an employee for the employer's violations of Sections 9-4602 and 9-4605. It shall be a Class III offense under subsection 1-109(3) of this Code for a Covered Employer to retaliate against an employee for any activity protected under this Chapter. All other violations of this Chapter shall be Class II offenses under subsection 1-109(2) of this Code.
(7) The Agency, the City Solicitor, any person aggrieved by a violation of this Chapter, or any entity a member of which is aggrieved by a violation of this Chapter, may bring a civil action in a court of competent jurisdiction against an employer violating this Chapter.
(a) If during the pendency of a determination by the Agency, prior to the issuance of a final decision, a complainant employee brings a private action under this Ordinance, in a court of competent jurisdiction, seeking relief based upon the same facts and allegations as the complainant employee's complaint under this Chapter, or affirmatively or by consent opts to participate in any such litigation, that complainant employee's complaint to the Agency shall be deemed withdrawn with respect to any respondent employer named as a defendant in such court action. This Section shall be interpreted narrowly so as to leave unaffected any cumulative rights which were not the subject of the complainant employee's complaint.
(b) Nothing in this Chapter or its implementing regulations shall be construed to require a complaint to be filed with the Agency before bringing an action in court or before any other governmental agency.
(c) Upon prevailing in an action brought pursuant to this Section, an aggrieved person shall recover the full amount of any unpaid compensation, including Predictability Pay, to which he or she would have been entitled under this Chapter, any wages and benefits lost, presumed damages under subsection 9-4611(6) and Agency regulations, other damages suffered as the result of the employer's violation of this Chapter, and an equal amount, up to a maximum of two thousand dollars ($2,000), as liquidated damages. An aggrieved person shall also be entitled to an award of reasonable attorney's fees and costs.
(d) Upon prevailing in an action brought pursuant to this Section, an aggrieved person shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation, that is not duplicative of any relief provided to the person in administrative proceedings, including, without limitation, reinstatement in employment, back pay and injunctive relief.
(8) The City Solicitor may bring a civil action to enforce this Chapter. The City Solicitor may seek injunctive and other equitable relief, damages on behalf of one or more injured employees, and may seek to impose a fine payable to the City.
(9) The limitations period for a civil action brought pursuant to this Section shall be two (2) years from the date the alleged violation occurred.
(10) The Agency is authorized to establish a working group consisting of members of the Administration, City Council, and a representative group of affected stakeholder organizations to provide advice regarding implementation of this Chapter, including regulations promulgated under this Chapter, and to assist in the preparation of reports.