(1) No person shall discharge or
in any manner discriminate against any employee because such
employee has filed any complaint or instituted or caused to be
instituted any proceeding under or related to this chapter, or
has testified or is about to testify in any such proceeding or
because of the exercise by such employee on behalf of himself or
herself or others of any right afforded by this chapter.
(2) Any employee who believes that he or she has been
discharged or otherwise discriminated against by any person in
violation of this section may, within thirty days after such
violation occurs, file a complaint with the director alleging
such discrimination. Upon receipt of such complaint, the
director shall cause such investigation to be made as he or she
deems appropriate. If upon such investigation, the director
determines that the provisions of this section have been
violated, he of [or] she shall bring an action in the superior
court of the county wherein the violation is alleged to have
occurred against the person or persons who is alleged to have
violated the provisions of this section. If the director
determines that the provisions of this section have not been
violated, the employee may institute the action on his or her own
behalf within thirty days of such determination. In any such
action the superior court shall have jurisdiction, for cause
shown, to restrain violations of subsection (1) of this section
and order all appropriate relief including rehiring or
reinstatement of the employee to his or her former position with
back pay.
(3) Within ninety days of the receipt of the complaint filed
under this section, the director shall notify the complainant of
his or her determination under subsection (2) of this section.
[2010 c 8 § 12013; 1973 c 80 § 16.]