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(a) It shall be unlawful for a Covered Employer or any other person to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right protected under this Article 33H.
(b) It shall be unlawful for a Covered Employer or any other person to discharge, threaten to discharge, demote, suspend, or in any manner discriminate or take adverse action against any person in retaliation for exercising rights to Supplemental Compensation protected under this Article 33H. Such rights include but are not limited to the right to Supplemental Compensation pursuant to this Article; the right to file a complaint or inform any person about any employer’s alleged violation of this Article; the right to cooperate with the Agency in its investigations of alleged violations of this Article; and the right to inform any person of his or her possible rights under this Article.
(d) Taking adverse action against a person within 90 days of the person’s filing a complaint with the Agency or a court alleging a violation of any provision of this Article 33H; of informing any person about an employer’s alleged violation of this Article; of cooperating with the Agency or other persons in the investigation or prosecution of any alleged violation of this Article; of opposing any policy, practice, or act that is unlawful under this Article; or of informing any person of his or her rights under this Article, shall raise a rebuttable presumption that such adverse action was taken in retaliation for the exercise of one or more of the aforementioned rights. Unless the Covered Employer rebuts the presumption with clear and convincing evidence that the adverse action was solely for a reason other than retaliation, the employer shall be deemed to have violated this Section 3300H.7.
(Added by Ord. 54-16, File No. 160065, App. 4/21/2016, Eff. 5/21/2016, Oper. 1/1/2017)