§ 28-20-21 - Discrimination on account of complaint.
SECTION 28-20-21
§ 28-20-21 Discrimination on account ofcomplaint. – (a) No employer shall discharge or in any manner discriminate against anyemployee because the 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 person in violation ofthis section may, within thirty (30) days after the violation occurs, file awritten complaint with the director alleging the discrimination. Upon receiptof the complaint, the director shall cause any investigation to be made that heor she deems appropriate. If upon the investigation the director determinesthat the provisions of this section have been violated and the employer failsor refuses to take remedial action ordered by the director, he or she shallthen bring an action in any superior court against that person. In any actionthe courts shall have jurisdiction for cause shown to restrain violations ofsubsection (a) of this section and order all appropriate relief includingrehiring or reinstatement of the employee to his or her former position withback pay and any other benefits to which he or she was entitled.
(c) Within ninety (90) days of the receipt of a complaintfiled under this subsection the director shall notify the complainant of his orher determination under subsection (b) of this section.