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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) In addition to all other penalties, rights, and remedies provided by law, an individual or entity that intentionally retaliates against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee.
(b)(1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure.
(2) If liability is established under paragraph (1), the prevailing plaintiff is entitled to recover reasonable attorney's fees and costs.
(3) Punitive damages may be awarded by the court if the acts of the offending party are proven to be fraudulent, oppressive, or malicious.
Cite this article: FindLaw.com - California Code, Government Code - GOV § 9149.35 - last updated January 01, 2025 | https://codes.findlaw.com/ca/government-code/gov-sect-9149-35/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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