§ 23-17.8-5 - Non-retaliation or discrimination.
SECTION 23-17.8-5
§ 23-17.8-5 Non-retaliation ordiscrimination. – (a) A person who alleges a violation of this chapter may bring a civil actionfor appropriate injunctive relief, damages, or both within three (3) yearsafter the occurrence of the alleged violation of § 23-17.8-4.
(b) A facility which discharges, discriminates, or retaliatesagainst a person who is about to make a report, makes a report, testifies, oris about to testify in any proceeding shall be liable to the person sodischarged, discriminated, or retaliated against, for treble damages, costs,and attorneys' fees. Where a facility discharges, demotes, or retaliates by anyother means against a person after he or she has made a report, testified, orwas subpoenaed to testify as a result of a report required by this chapter,there shall be a rebuttable presumption that the facility discharged, demoted,or retaliated against that person as a result of his or her report or testimony.
(c) Any action commenced pursuant to this section may bebrought in the superior court for the county where the alleged violationoccurred, the county where the complainant resides, or the county where theperson acility against whom the civil complaint is filed resides or has theirprincipal place of business.
(d) An employee shall show by clear and convincing evidencethat he or she or a person acting on his or her behalf was about to report,reported, was about to testify, or testified, verbally or in writing, about aviolation of this chapter.
(e) A court, in rendering a judgment in an action broughtunder § 23-17.8-4 shall order, as the court considers appropriate,reinstatement of the employee, the payment of back wages, full reinstatement offringe benefits and seniority rights, treble damages, or any combination ofthese remedies. A court shall also award the complainant the costs oflitigation, including attorneys' fees. This section shall not be construed todiminish or impair the rights of a person under any collective bargainingagreement.