A. An employer may not discriminate or retaliate against an employee when the employee has in good faith:
- 1. Filed a claim under this act;
- 2. Retained a lawyer for representation regarding a claim under this act;
- 3. Instituted or caused to be instituted any proceeding under the provisions of this act; or
- 4. Testified or is about to testify in any proceeding under the provisions of this act.
- B. The Commission shall have exclusive jurisdiction to hear and decide claims based on subsection A of this section.
- C. If the Commission determines that the defendant violated subsection A of this section, the Commission may award the employee back pay up to a maximum of One Hundred Thousand Dollars ($100,000.00). Interim earnings or amounts earnable with reasonable diligence by the person discriminated against shall reduce the back pay otherwise allowable.
- D. The prevailing party shall be entitled to recover costs and a reasonable attorney fee.
- E. No employer may discharge an employee during a period of temporary total disability for the sole reason of being absent from work or for the purpose of avoiding payment of temporary total disability benefits to the injured employee.
- F. Notwithstanding any other provision of this section, an employer shall not be required to rehire or retain an employee who, after temporary total disability has been exhausted, is determined by a physician to be physically unable to perform his or her assigned duties, or whose position is no longer available.
- G. This section shall not be construed as establishing an exception to the employment at will doctrine.
- H. The remedies provided for in this section shall be exclusive with respect to any claim arising out of the conduct described in subsection A of this section.
Laws 2013, SB 1062, c. 208, § 7, eff. February 1, 2014.