§ 85A-7. Discrimination or retaliation.

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.

Added by Laws 2013, c. 208, § 7, eff. Feb. 1, 2014.