Sec. 117. Prohibited acts
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It shall be unlawful for any person to interfere with, restrain, coerce, or deny any other person 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 employee for— exercising, or attempting to exercise, any right provided under this subtitle; or engaging in concerted activities for the purpose of collective bargaining or other mutual aid or protection, regardless of whether such activities are with domestic employees of different employers or domestic employees at different worksites; and discriminating against any domestic employee 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 employer 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 employee with respect to compensation, terms, conditions, or privileges of employment because the domestic employee (or any person acting pursuant to the request of the domestic employee), whether at the initiative of the domestic employee or in the ordinary course of the domestic employee’s duties— opposes any practice made unlawful under this subtitle; asserts any claim or right under this subtitle; assists a domestic employee in asserting such claim or right; informs any domestic employee about this subtitle; requests a change to the written agreement described in section 110; requests a change in scheduled work hours described in section 112, or any other schedule change, without regard to the eligibility of such domestic employee to receive any such change; participates as a member of, or takes an action described in paragraph
(8)with respect to, the Domestic Employee Standards Board described in section 201; 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 other mutual aid or protection, regardless of whether such activities are with domestic employees of different employers or domestic employees 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 domestic employee 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 employee or a family member of a domestic employee. Contacting or threatening to contact immigration authorities relating to the immigration status of a domestic employee or a family member of a domestic employee. 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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