Sec. 117. Prohibited acts
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/bill/116/s/2112/is/section-117A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It shall be unlawful for any person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this subtitle, including— discharging or in any manner discriminating against (including retaliating against) any domestic worker for exercising, or attempting to exercise, any right provided under this subtitle; or discriminating against any domestic worker by using the exercise of a right provided under this subtitle as a negative factor in an employment action, such as an action involving hiring, promotion, or changing work hours or number of shifts, or a disciplinary action.
It shall be unlawful for any domestic work hiring entity to discharge, demote, suspend, reduce the work hours of, take any other adverse employment action against, threaten to take an adverse employment action against, or in any other manner discriminate against a domestic worker with respect to compensation, terms, conditions, or privileges of employment because the domestic worker, whether at the initiative of the domestic worker or in the ordinary course of the domestic worker’s duties (or any person acting pursuant to the request of the domestic worker) for— opposing any practice made unlawful under this subtitle; asserting any claim or right under this subtitle; assisting a domestic worker in asserting such claim or right; informing any domestic worker about this subtitle; requesting a change to the written agreement or scheduled work hours described in section 110 or 112, respectively; participating as a member of, or taking an action described in paragraph
(7)with respect to, the Domestic Worker Wage and Standards Board described in section 201; and filing an action, or instituting or causing to be instituted any proceeding, under or related to this subtitle; giving, or being about to give, any information in connection with any inquiry or proceeding relating to any right provided under this subtitle; or testifying, or being about to testify, in any inquiry or proceeding relating to any right provided under this subtitle. For purposes of subsections
(a)and (b), discrimination with respect to compensation, terms, conditions, or privileges of employment occurs if a person undertakes any of the following activities (unless such activity is legal conduct undertaken at the express and specific direction or request of the Federal Government): Reporting, or threatening to report, the citizenship or immigration status of a domestic worker, or the suspected citizenship or immigration status of a family member of such an individual, to a Federal, State, or local agency. Requesting more or different documents than those required under section 274A(b) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b) ), or refusing to honor documents that on their face appear to be genuine. Using the Federal E-Verify system to check employment status in a manner not required under section 274A(b) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b) ) or any memorandum governing use of the E-Verify system. Filing, or threatening to file, a false police report relating to the immigration status of a domestic worker, or a family member of a domestic worker. Contacting, or threatening to contact, immigration authorities relating to the immigration status of a domestic worker, or a family member of a domestic worker. For the purposes of subsections
(a)and (b), proof that a person discharged an individual, or discriminated against an individual with respect to compensation, terms, conditions, or privileges of employment, within 90 days of the individual involved asserting any claim or right under this subtitle, or assisting any other individual in asserting such a claim or right, shall raise a presumption that the discharge or discrimination was in retaliation as prohibited under subsection
(a)or (b), as the case may be. The presumption under paragraph
(1)may be rebutted by clear and convincing evidence that such discharge or discrimination was taken for another permissible reason.
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U.S. Code