§ 638. Relief from retaliatory actions
(a) Any employee, contractor, or agent shall be entitled to all relief necessary to make
that employee, contractor, or agent whole, if that employee, contractor, or agent
is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated
against in the terms and conditions of employment because of lawful acts done by the
employee, contractor, agent, or a person associated with the employee, contractor,
or agent in furtherance of an action under section 632 of this chapter, or other efforts
to stop one or more violations of this chapter.
(b) Notwithstanding any law to the contrary, relief under subsection (a) of this section
shall include reinstatement with the same seniority status that employee, contractor,
or agent would have had but for the discrimination, two times the amount of back pay,
interest on the back pay, and compensation for any special damages sustained as a
result of the discrimination, including litigation costs and reasonable attorney’s
fees. An employee, contractor, or agent may bring an action in the Civil Division
of the Superior Court or any other appropriate court for the relief provided in this
section.
(c) No employer shall make, adopt, or enforce any rule, regulation, or policy preventing
an employee, contractor, or agent from disclosing information to a government or law
enforcement agency or from acting to further efforts to stop one or more violations
of this chapter. No employer shall require as a condition of employment, during the
term of employment or at the termination of employment that any employee, contractor,
or agent agree to, accept, or sign an agreement that limits or denies the rights of
such employee, contractor, or agent to bring an action or provide information to a
government or law enforcement agency pursuant to this chapter. Any such agreement
shall be void.
(d) A civil action under this section may not be brought more than three years after the
date when the retaliation occurred and became known to the employee, contractor, or
agent. (Added 2015, No. 25, § 1, eff. May 18, 2015.)