Sec. 317. Prohibited acts
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/bill/118/s/4120/is/section-317·A 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 direct care professional for— exercising, or attempting to exercise, any right provided under this subtitle; or engaging in concerted activities for the purpose of collective bargaining or mutual aid or protection, regardless of whether such activities are with direct care professionals of different employers or direct care professionals at different worksites; and discriminating against any direct care professional 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 covered 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 direct care professional with respect to compensation, terms, conditions, or privileges of employment because the direct care professional (or any person acting pursuant to the request of the direct care professional), whether at the initiative of the direct care professional or in the ordinary course of the direct care professional’s duties— opposes any practice made unlawful under this subtitle; asserts any claim or right under this subtitle; assists a direct care professional in asserting such claim or right; informs any direct care professional about this subtitle; requests a change to the written agreement described in section 312; requests a change in scheduled work hours described in section 314, or any other schedule change, without regard to the eligibility of such direct care professional to receive any such change; files an action, or institutes or causes to be instituted any proceeding, under or related to this subtitle; gives, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this subtitle; or testifies, or is about to testify, in any inquiry or proceeding relating to any right provided under this subtitle; and engages in concerted activities for the purpose of collective bargaining or mutual aid or protection, regardless of whether such activities are with direct care professionals of different employers or direct care professionals at different worksites.
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 direct care professional, 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 direct care professional, or a family member of a direct care professional. Contacting, or threatening to contact, immigration authorities relating to the immigration status of a direct care professional, or a family member of a direct care professional. 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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