§ 32–111.04. Retaliation prohibited.

*NOTE: This section will expire on June 6, 2024.*

(a) No contractor or employer may terminate, refuse to reinstate or employ, or otherwise take an adverse action against any eligible employee or retained employee because the eligible employee or retained employee asserted rights under or participated in proceedings related to this subchapter, or because the eligible employee or retained employee opposed any practice the individual reasonably believes, in good faith, to be proscribed by this subchapter.

(b) If it is established that an employee engaged in conduct protected by subsection (a) of this section, and the contractor or employer thereafter terminated, refused to reinstate or employ, or otherwise took adverse action against such person within 60 days after such protected activity, then a rebuttable presumption shall arise that the contractor or employer's action was taken in violation of subsection (a) of this section. In such a case, the contractor or employer may rebut the presumption by producing credible evidence that the sole reason for the adverse action was a legitimate business reason. The contractor or employer's asserted business reason may be rebutted by a showing of pretext.