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(a) It shall be unlawful for a Covered Entity or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this Article 33M.
(b) It shall be unlawful for a Covered Entity 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 protected under this Article 33M, including the right to file a complaint or inform any person about any Covered Entity’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 that person’s possible rights under this Article.
(c) Protections of this Article 33M shall apply to any person who mistakenly but in good faith alleges violations of 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 33M; of informing any person about a Covered Entity’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 that person’s 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 Entity rebuts the presumption with clear and convincing evidence that the adverse action was solely for a reason other than retaliation, the Covered Entity shall be deemed to have violated this Section 3300M.5.
(Added by Ord. 39-21, File No. 201186, App. 3/26/2021, Eff. 4/26/2021)