Section 120. Discrimination against employees who bring proceedings  


Latest version.
  • It
      shall be unlawful for any employer or his or her duly  authorized  agent
      to  discharge or in any other manner discriminate against an employee as
      to his or her employment because such employee has claimed or  attempted
      to  claim  compensation  from  such  employer,  or because he or she has
      testified or is about to testify in a proceeding under this chapter  and
      no other valid reason is shown to exist for such action by the employer.
        Any  complaint  alleging such an unlawful discriminatory practice must
      be filed within two years of  the  commission  of  such  practice.  Upon
      finding that an employer has violated this section, the board shall make
      an order that any employee so discriminated against shall be restored to
      employment or otherwise restored to the position or privileges he or she
      would  have  had  but for the discrimination and shall be compensated by
      his or her employer for any loss of compensation  arising  out  of  such
      discrimination  together  with  such  fees  or  allowances  for services
      rendered by an attorney or  licensed  representative  as  fixed  by  the
      board.  Any  employer  who  violates  this  section shall be liable to a
      penalty of not less than one hundred dollars or more than  five  hundred
      dollars,  as may be determined by the board. All such penalties shall be
      paid into the state treasury.  All penalties, compensation and  fees  or
      allowances shall be paid solely by the employer.  The employer alone and
      not  his or her carrier shall be liable for such penalties and payments.
      Any provision in an insurance policy undertaking to relieve the employer
      from liability for such penalties and payments shall be void.
        An employer found to be in violation of this section and the aggrieved
      employee must report to the board as to the  manner  of  the  employer's
      compliance  within  thirty  days of receipt of a final determination. In
      case of failure to report on compliance, or failure to  comply  with  an
      order  or  penalty  of  the  board within thirty days after the order or
      notice of penalty is served, except  where  timely  application  to  the
      board  for a modification, rescission or review of such order or penalty
      has been filed under section twenty-three of this chapter, the chair  in
      any  such  case  or,  on  the chair's consent, any party may enforce the
      order or penalty in a like manner as an award of compensation.