§ 120 — Discrimination against employees

§ 120. Discrimination against employees. It shall be unlawful for any\nemployer or his or her duly authorized agent to discharge or fail to\nreinstate pursuant to section two hundred three-b of this chapter, or in\nany other manner discriminate against an employee as to his or her\nemployment because such employee has claimed or attempted to claim\ncompensation from such employer, requested a claim form for injuries\nreceived in the course of employment, or claimed or attempted to claim\nany benefits provided under this chapter or because he or she has\ntestified or is about to testify in a proceeding under this chapter and\nno other valid reason is shown to exist for such action by the employer.\n Any complaint alleging such an unlawful discriminatory practice must\nbe filed within two years of the commission of such practice. Upon\nfinding that an employer has violated this section, the board shall make\nan order that any employee so discriminated against shall be restored to\nemployment or otherwise restored to the position or privileges he or she\nwould have had but for the discrimination and shall be compensated by\nhis or her employer for any loss of compensation arising out of such\ndiscrimination together with such fees or allowances for services\nrendered by an attorney or licensed representative as fixed by the\nboard. Any employer who violates this section shall be liable to a\npenalty of not less than one hundred dollars or more than five hundred\ndollars, as may be determined by the board. All such penalties shall be\npaid into the state treasury. All penalties, compensation and fees or\nallowances shall be paid solely by the employer. The employer alone and\nnot his or her carrier shall be liable for such penalties and payments.\nAny provision in an insurance policy undertaking to relieve the employer\nfrom liability for such penalties and payments shall be void.\n An employer found to be in violation of this section and the aggrieved\nemployee must report to the board as to the manner of the employer's\ncompliance within thirty days of receipt of a final determination. In\ncase of failure to report on compliance, or failure to comply with an\norder or penalty of the board within thirty days after the order or\nnotice of penalty is served, except where timely application to the\nboard for a modification, rescission or review of such order or penalty\nhas been filed under section twenty-three of this chapter, the chair in\nany such case or, on the chair's consent, any party may enforce the\norder or penalty in a like manner as an award of compensation.\n