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1. An employer who retaliates against an employee solely because the employee in good faith reported having reasonable cause to suspect that a child was abused or neglected, or died as a result of abuse or neglect, or because the employee is a child with respect to whom a report was made, is guilty of a class B misdemeanor. It is a defense to any charge brought under this section that the presumption of good faith, described in section 50-25.1-09, has been rebutted.
2. The employer of a person required or permitted to report pursuant to section 50-25.1-03 who retaliates against the person because of a report of abuse or neglect, or a report of a death resulting from child abuse or neglect, is liable to that person in a civil action for all damages, including exemplary damages, costs of the litigation, and reasonable attorney's fees.
3. There is a rebuttable presumption that any adverse action within ninety days of a report is retaliatory. For purposes of this subsection, an “adverse action” is action taken by an employer against the person making the report or the child with respect to whom a report was made, including:
a. Discharge, suspension, termination, or transfer from any facility, institution, school, agency, or other place of employment;
b. Discharge from or termination of employment;
c. Demotion or reduction in remuneration for services; or
d. Restriction or prohibition of access to any facility, institution, school, agency, or other place of employment or persons affiliated with it.
Cite this article: FindLaw.com - North Dakota Century Code Title 50. Public Welfare § 50-25.1-09.1. Employer retaliation prohibited - last updated January 01, 2020 | https://codes.findlaw.com/nd/title-50-public-welfare/nd-cent-code-sect-50-25-1-09-1/
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