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NS-3002
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Last modified
3/16/2021 8:02:41 AM
Creation date
3/3/2021 11:08:26 AM
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City Clerk
Doc Type
Ordinance
Agency
Clerk of the Council
Doc #
NS-3002
Item #
30
Date
3/2/2021
Destruction Year
P
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Retaliation prohibited. <br />No hiring entity employing a designated worker shall discharge, reduce in <br />compensation, or otherwise discriminate against any designated worker for <br />opposing any practice proscribed by this Ordinance, for participating in <br />proceedings related to this Ordinance, for seeking to exercise their rights under <br />this Ordinance by any lawful means, or for otherwise asserting rights under this <br />Ordinance. <br />Violation. <br />The failure of any respondent to comply with any requirement imposed on <br />the respondent under this Ordinance is a violation. <br />Remedies. <br />A. The payment of unpaid compensation, liquidated damages, civil <br />penalties, penalties payable to aggrieved parties, fines, and interest <br />provided under this Ordinance is cumulative and is not intended to be <br />exclusive of any other available remedies, penalties, fines, and <br />procedures. 11 <br />B. A respondent found to be in violation of this Ordinance for retaliation <br />prohibited by this Ordinance shall be subject to any appropriate relief at <br />law or equity including, but not limited to reinstatement of the aggrieved <br />party, front pay in lieu of reinstatement with full payment of unpaid <br />compensation plus interest in favor of the aggrieved party under the <br />terms of this Ordinance, and liquidated damages in an additional <br />amount of up to twice the unpaid compensation. <br />Private right of action. <br />Any covered designated worker that suffers financial injury as a result of a <br />violation of this Ordinance, or is the subject of retaliation prohibited by this <br />Ordinance, may bring a civil action in a court of competent jurisdiction against the <br />hiring entity or other person violating this Ordinance and, upon prevailing, may be <br />awarded reasonable attorney's fees and costs and such legal or equitable relief as <br />may be appropriate to remedy the violation including, without limitation: the <br />payment of any unpaid compensation plus interest due to the person and <br />liquidated damages in an additional amount of up to twice the unpaid <br />compensation; and a reasonable penalty payable to any aggrieved party if the <br />aggrieved party was subject to prohibited retaliation. <br />Encouragement of more generous policies. <br />A. Nothing in this Ordinance shall be construed to discourage or prohibit a <br />hiring entity from the adoption or retention of premium pay policies more <br />generous than the one required herein. <br />Ordinance No. NS-3002 <br />Page 8 of 11 <br />
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