Discrimination against employee filing complaint or testifying;
complaint; remedy; notice of determination
Sec. 38.1. (a) No person shall discharge or in any way
discriminate against any employee because such employee has filed
a complaint or instituted or caused to be instituted any proceeding
under or related to this chapter or has testified or is about to testify
in any such proceeding or because of the exercise by such employee
on behalf of himself or others of any right afforded by this chapter.
(b) Any employee who believes that he has been discharged or
otherwise discriminated against by any person in violation of this
section may, within thirty (30) calendar days after such violation
occurs, file a complaint with the commissioner alleging such
discrimination.
Upon receipt of such complaint, the commissioner shall cause
such investigation to be made as he deems appropriate. If after such
investigation, the commissioner determines that the provisions of this
section have been violated, he, through the attorney general, shall,
within one hundred twenty (120) days after receipt of said complaint,
bring an action in the circuit courts of Indiana. The circuit courts of
Indiana shall have jurisdiction to restrain violations of this section
and order all appropriate relief, including rehiring, or reinstatement
of the employee to his former position with back pay, after taking
into account any interim earnings of the employee.
(c) Within ninety (90) days of the receipt of a complaint filed
under this section, the commissioner shall notify the complainant in
writing of his determination under this section.
(Formerly: Acts 1973, P.L.241, SEC.44.)
Last modified: May 27, 2006