Sec. 5. Prohibited acts
234 words·~1 min read·
/bill/119/hr/4763/ih/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It shall be unlawful for any employer to— violate any provision of section 3 or 4; discharge or discriminate against (including to retaliate against) any individual, including a job applicant, for exercising, or attempting to exercise, any right provided under this Act; use the taking of paid annual leave provided under this Act as a negative factor in an employment action, such as hiring, promotion, reducing hours or numbers of shifts, or a disciplinary action; or count the use of such leave under a no-fault attendance policy or any other absence-control policy.
It shall be unlawful for any person to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, because such individual— has filed an action under section 6, or has instituted or caused to be instituted any proceeding, under this Act; has given, or intends to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or has testified, or intends to testify, in any inquiry or proceeding relating to any right provided under this Act.
A violation of subsection
(a)or
(b)shall be established when a complaining party demonstrates that any action described in paragraphs (1), (2), or
(3)of subsections
(a)or
(b)was a motivating factor in any such action taken against the complaining party, even though other factors also motivated the action.