§ 4908. EXERCISE OF RIGHTS PROTECTED; RETALIATION PROHIBITED.  


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  • (a) It shall be unlawful for an Employer, Housing Provider, or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this Article.
    (b) It shall be unlawful for an Employer to refuse to hire an applicant, or to discharge, threaten to discharge, demote, suspend or otherwise take Adverse Action against an employee in retaliation for exercising rights protected under this Article. Such rights include but are not limited to:
    (1) the right to file a complaint or inform any person about any Employer's alleged violation of this Article;
    (2) the right to inform any person about an Employer's alleged violation of this Article;
    (3) the right to cooperate with the OLSE or other persons in the investigation or prosecution of any alleged violation of this Article;
    (4) the right to oppose any policy, practice, or act that is unlawful under this Article; or
    (5) the right to inform any person of his or her rights under this Article.
    (c) It shall be unlawful for a Housing Provider to interrupt, terminate, or fail or refuse to initiate or conduct a transaction involving the rental or lease of residential real property, including falsely representing that a residential unit is not available for rental or lease, or otherwise take Adverse Action against a person in retaliation for exercising rights protected under this Article. Such rights include but are not limited to:
    (1) the right to file a complaint or inform any person about any Housing Provider's alleged violation of this Article;
    (2) the right to inform any person about a Housing Provider's alleged violation of this Article;
    (3) the right to cooperate with the HRC or other persons in the investigation or prosecution of any alleged violation of this Article;
    (4) the right to oppose any policy, practice, or act that is unlawful under this Article; or
    (5) the right to inform any person of his or her rights under this Article.
    (d) Protections of this Section 4908 shall apply to any person who mistakenly but in good faith alleges violations of this Article.
    (e) Taking Adverse Action against a person within 90 days of the exercise of one or more of the rights described in this Section 4908 shall create a rebuttable presumption that such Adverse Action was taken in retaliation for the exercise of those rights.
    (Added by Ord. , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)
    (Former Sec. 4908 added by Ord. 61-01, File No. 002197, App. 4/20/2001; amended by Ord. 187-04, File No. 040759, App. 7/22/2004; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)