25-01.3-05. Retaliation - Presumptions - Penalty

25-01.3-05. Retaliation - Presumptions - Penalty 1. An employer that imposes any form of discipline or retaliation against an employee solely because the employee reported having knowledge of or reasonable cause to suspect that a person with developmental disabilities or mental illness was abused, neglected, or exploited is guilty of a class B misdemeanor. 2. A rebuttable presumption that retaliation has occurred arises when an adverse action is taken within ninety days of the report. For the purpose of this subsection, "adverse action" means any action taken against the reporter or the person with developmental disabilities or mental illness about whom the report was made by a facility or person involved in a report because of the report. Adverse action includes: a. Discharge from or termination of the employment of the employee. b. Demotion, negative work performance evaluation, reduction of hours worked or benefits or work privileges, or reduction in remuneration for services of the employee. c. Restriction or prohibition of access by the employee to a facility or to the residents of the facility. d. Discharge or transfer of the person with developmental disabilities or mental illness from or within a facility or from the supervision of a caretaker. e. Failure of a facility to perform customary services for the person with developmental disabilities or mental illness. 3. It is a defense to any charge brought under this section that the good faith of the individual making the report, described in subsection 3 of section 25-01.3-04, has been rebutted, but only as to actions taken against the employee.