50-25.1-09.1. Employer retaliation prohibited - Penalty

50-25.1-09.1. Employer retaliation prohibited - Penalty 1. An employer that 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 an individual required or permitted to report pursuant to section 50-25.1-03 which retaliates against the individual because of a report of abuse or neglect, or a report of a death resulting from child abuse or neglect, is liable to that individual 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 individual 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 individuals affiliated with it.