Discrimination or retaliation

A. An employer may not retaliate against an employee when the

employee has in good faith:

1. Filed a claim under this act;

2. Retained a lawyer for representation regarding a claim under

this act;

3. Instituted or caused to be instituted any proceeding under

the provisions of this act; or

4. Testified or is about to testify in any proceeding under the

provisions of this act.

B. The district courts shall have exclusive jurisdiction to

hear and decide claims based on this section.

C. An employer which violates any provision of this section

shall be liable in a district court action for reasonable damages,

actual and punitive if applicable, suffered by an employee as a

result of the violation. Exemplary or punitive damage awards made

pursuant to this section shall not exceed One Hundred Thousand

Dollars ($100,000.00). The employee shall have the burden of proof

by a preponderance of the evidence.

D. The prevailing party shall be entitled to recover costs and

a reasonable attorney fee.

E. No employer may discharge an employee during a period of

temporary total disability for the sole reason of being absent from

work or for the purpose of avoiding payment of temporary total

disability benefits to the injured employee.

F. Notwithstanding any other provision of this section, an

employer shall not be required to rehire or retain an employee who,

after temporary total disability has been exhausted, is determined

by a physician to be physically unable to perform his or her

assigned duties, or whose position is no longer available.

G. This section shall not be construed as establishing an

exception to the employment-at-will doctrine.

H. The remedies provided for in this section shall be exclusive

with respect to any claim arising out of the conduct described in

subsection A of this section.