796.06. Exercise of rights protected; retaliation prohibited.
   (a)    It shall be a violation for an employer or any other person to interfere with, restrain, deny, or attempt to deny the exercise of any right protected under Chapter 796.
   (b)    It shall be a violation for an employer to take an adverse employment action, including but not limited to discharging, threatening, harassing, demoting, penalizing, or in any other manner discriminating or retaliating against any person because the person has exercised in good faith the rights protected under Chapter 796. Such rights include but are not limited to the right to make inquiries about the rights protected under Chapter 796; the right to file an oral or written complaint with the Division of Taxation about any employer's alleged violation of Chapter 796; the right to inform an employer, union or similar organization, and/or legal counsel about an employer's alleged violation of Chapter 796; the right to cooperate with the Division of Taxation in its investigations of alleged violations of Chapter 796; the right to oppose any policy, practice, or act that is unlawful under Chapter 796; and the right to inform other employees of their potential rights under Chapter 796.
   (c)    It shall be a violation for an employer to communicate to a person filing a wage claim, directly or indirectly, explicitly or implicitly, the willingness to inform a government employee that the person is not lawfully in the United States, report or threaten to report suspected citizenship or immigration status of an employee or a family member of the employee to a federal, state, or local agency because the employee has exercised a right under Chapter 796.
   (d)    It shall be considered a rebuttable presumption of retaliation if an employer takes an adverse employment action against a person within 90 days after the date of discovering that the person exercised the rights protected in subsections (b) and (c) of this Section 796.06.
(Ord. 147-17. Passed 10-3-17.)