§ 23-1.1-14 - Discrimination on account of complaint.
SECTION 23-1.1-14
§ 23-1.1-14 Discrimination on account ofcomplaint. – (a) No employer shall discharge or in any manner discriminate against anyemployee because that employee has filed any complaint or instituted or causedto be instituted any proceeding under or related to this chapter or hastestified or is about to testify in any proceeding or because of the exerciseby that employee on behalf of himself or herself or others of any rightafforded by this chapter.
(b) Any employee who believes that he or she has beendischarged or otherwise discriminated against by any employer in violation ofthis section may, within thirty (30) days after a violation occurs, file awritten complaint with the director of labor and training allegingdiscrimination. Upon receipt of a complaint, the director of labor and trainingshall cause an investigation to be made as he or she deems appropriate. If uponthat investigation, the director of labor and training determines that theprovisions of this section have been violated, and the employer fails orrefuses to take remedial action as ordered by the director of labor andtraining, the director of labor and training shall then bring an action in anysuperior court against that person. In that action, the courts shall havejurisdiction, for cause shown, to restrain violations of subsection (a) of thissection and order all appropriate relief including rehiring or reinstatement ofthe employee to his or her former position with back pay and any other benefitsto which he or she was entitled.
(c) Within ninety (90) days of the receipt of a complaintfiled under this section, the director shall notify the complainant of his orher determination under subsection (b) of this section.