§ 37-26-9 — § 37-26-9. Retaliation.

§ 37-26-9. Retaliation.

(a) An employer shall not discharge, threaten, or otherwise discriminate against an employee, or former employee, regarding compensation terms, conditions, locations, or privileges of employment because the employee or former employee, or a person or organization acting on the employee's behalf:

(1) Reports or makes a complaint under this section, or otherwise asserts the employee's rights under this section; or

(2) Participates in any investigation, hearing, or inquiry held by the director of labor and training under § 37-26-7 or § 37-26-8, or upon a review of an investigation under this section, or for participating in a private right of action brought under this chapter. In the event a contractor or subcontractor retaliates or discriminates against an employee in violation of this section, the affected employee may file an action in any court of competent jurisdiction and the court shall order reinstatement and/or restitution of the affected employee, as appropriate, with back pay to the date of the violation, and an additional amount in liquidated damages equal to two (2) times the amount of back pay and reasonable attorneys' fees and costs.

(b) As used in this section, to discharge, threaten, or otherwise discriminate against any employee includes threatening to contact or contacting United States immigration authorities or otherwise threatening to report an employee's suspected citizenship or immigration status or the suspected citizenship or immigration status of an employee's family or household to United States immigration authorities.

Legislative History

P.L. 2022, ch. 232, § 1, effective June 28, 2022; P.L. 2022, ch. 233, § 1, effective June 28, 2022.