§ 23-17.11-9 - Retaliation prohibited.
SECTION 23-17.11-9
§ 23-17.11-9 Retaliation prohibited.– (a) No discriminatory, disciplinary or retaliatory action shall be taken by thefacility against any officer or employee of a facility; or against any guardianor family member of any resident; or against any resident of the facility; oragainst any volunteer, for any communication by him or her with the director orthe attorney general or their designees pursuant to the provisions of thischapter. The identity of individuals who ask to remain anonymous shall beprotected. All anonymous communications shall be investigated but shall notconstitute the sole basis for disciplinary action by the director or theattorney general.
(b) Enforcement. Any person who believes that he orshe has been retaliated or discriminated against in violation of subsection (a)may file a civil action within three (3) years of the date of retaliation ordiscrimination.
(c) Remedies. If the court determines that violationhas occurred, the court may order the person who committed the violation to:
(1) Pay compensatory damages, costs of litigation andattorneys' fees; and/or
(2) Take other appropriate actions to remedy any partretaliation or discrimination.
(d) Limitation. The protections of this section shallnot apply to any person who knowingly or recklessly provides substantiallyfalse information to the director or the attorney general or their designees.