6.07.030 Retaliation prohibited.
A. No employer or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights under this chapter, including but not limited to:
1. The right to make inquiries about protections under this chapter;
2. The right to inform others about their rights under this chapter;
3. The right to inform the person’s employer, union, or similar organization about an alleged violation of this chapter;
4. The right to inform the person’s legal counsel or any other person about an alleged violation of this chapter;
5. The right to bring a civil action for an alleged violation of this chapter;
6. The right to testify in a proceeding under or related to this chapter;
7. The right to refuse to participate in an activity that would result in a violation of city, state, or federal law; and
8. The right to oppose any policy, practice, or act that is unlawful under this chapter.
B. No employer or any other person shall communicate to a person exercising rights protected under this chapter, directly or indirectly, the willingness to inform a government employee that the person is not lawfully in the United States, or to report, or to make an implied or express assertion of a willingness to report, suspected citizenship or immigration status of the person or a family member of the person to a federal, state, or local agency because the person has exercised a right under this chapter.
C. It shall be a rebuttable presumption of retaliation if an employer or any other person takes an adverse action against a person within 90 days of the person’s exercise of any right protected in this chapter. However, in the case of seasonal work that ended before the close of the 90-day period, the presumption also applies if the employer fails to rehire a former employee at the next opportunity for work in the same position. The employer may rebut the presumption with clear and convincing evidence that the adverse action was taken for a permissible purpose.
D. Proof of retaliation under this chapter shall be sufficient upon a showing that an employer or any other person has taken an adverse action against a person and the person’s exercise of rights protected in this chapter was a motivating factor in the adverse action, unless the employer can prove that the action would have been taken in the absence of such protected activity.
E. The protections afforded under this section shall apply to any person who mistakenly but in good faith alleges violations of this chapter. [Initiative No. 2023-01, § 3, approved by voters at the 11/07/23 election, certified 11/28/23].