(a) It is unlawful for an employer or any other person or entity to engage in, or to direct another person or entity to engage in, unfair immigration-related practices against any person for the purpose of, or with the intent of, retaliating against any person for exercising any right protected under this code or by any local ordinance applicable to employees. Exercising a right protected by this code or local ordinance includes the following: (1) Filing a complaint or informing any person of an employerâs or other partyâs alleged violation of this code or local ordinance, so long as the complaint or disclosure is made in good faith. (2) Seeking information regarding whether an employer or other party is in compliance with this code or local ordinance. (3) Informing a person of his or her potential rights and remedies under this code or local ordinance, and assisting him or her in asserting those rights. (b) (1) As used in this chapter, âunfair immigration-related practiceâ means any of the following practices, when undertaken for the retaliatory purposes prohibited by subdivision (a): (A) Requesting more or different documents than are required under Section 1324a(b) of Title 8 of the United States Code, or a refusal to honor documents tendered pursuant to that section that on their face reasonably appear to be genuine. (B) Using the federal E-Verify system to check the employment authorization status of a person at a time or in a manner not required under Section 1324a(b) of Title 8 of the United States Code, or not authorized under any memorandum of understanding governing the use of the federal E-Verify system. (C) Threatening to file or the filing of a false police report, or a false report or complaint with any state or federal agency. (D) Threatening to contact or contacting immigration authorities. (2) âUnfair immigration-related practiceâ does not include conduct undertaken at the express and specific direction or request of the federal government. (c) Engaging in an unfair immigration-related practice against a person within 90 days of the personâs exercise of rights protected under this code or local ordinance applicable to employees shall raise a rebuttable presumption of having done so in retaliation for the exercise of those rights. (d) (1) An employee or other person who is the subject of an unfair immigration-related practice prohibited by this section, or a representative of that employee or person, may bring a civil action for equitable relief and any applicable damages or penalties. (2) Upon a finding by a court of applicable jurisdiction of a violation of this section, upon application by a party or on its own motion, a court may do the following: (A) For a first violation, order the appropriate government agencies to suspend all licenses that are held by the violating party for a period of up to 14 days. On receipt of the courtâs order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the courtâs order. (B) For a second violation, order the appropriate government agencies to suspend all licenses that are held by the violating party for a period of up to 30 days. On receipt of the courtâs order and notwithstanding any other law, the appropriate agencies shall immediately suspend the licenses. (C) For a third or subsequent violation, order the appropriate government agencies to suspend for a period of up to 90 days all licenses that are held by the violating party. On receipt of the courtâs order and notwithstanding any other law, the appropriate agencies shall immediately suspend the licenses. (3) In determining whether a suspension of all licenses is appropriate under this subdivision, the court shall consider whether the employer knowingly committed an unfair immigration-related practice, the good faith efforts of the employer to resolve any alleged unfair immigration-related practice after receiving notice of the violations, as well
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