ROBERT L. EHRLICH, JR., Governor                             Ch. 397

(3) FOLLOWING A DISCLOSURE UNDER ITEM (1) OF THIS SECTION,
SEEKS A REMEDY PROVIDED UNDER THIS SUBTITLE.

11-304.

(A)     ANY EMPLOYEE WHO IS SUBJECT TO A PERSONNEL ACTION IN VIOLATION
OF § 11-303 OF THIS SUBTITLE MAY INSTITUTE A CIVIL ACTION IN THE COUNTY
WHERE:

(1)      THE ALLEGED VIOLATION OCCURRED;

(2)      THE EMPLOYEE RESIDES; OR

(3)      THE EMPLOYER MAINTAINS ITS PRINCIPAL OFFICE IN THE STATE.

(B)     THE ACTION SHALL BE BROUGHT WITHIN 1 YEAR AFTER THE ALLEGED
VIOLATION OF § 11-303 OF THIS SUBTITLE OCCURRED OR WITHIN 1 YEAR AFTER THE
EMPLOYEE FIRST BECAME AWARE OF THE ALLEGED VIOLATION OF § 10-1203 § 11-303
OF THIS SUBTITLE.

11-305.

IN ANY ACTION BROUGHT UNDER THIS SUBTITLE, A COURT MAY:

(1)      ISSUE AN INJUNCTION TO RESTRAIN CONTINUED VIOLATION OF §
11-303 OF THIS SUBTITLE;

(2)      REINSTATE THE EMPLOYEE TO THE SAME OR AN EQUIVALENT
POSITION HELD BEFORE THE VIOLATION OF § 11-303 OF THIS SUBTITLE;

(3)      REMOVE ANY ADVERSE PERSONNEL RECORD ENTRIES BASED ON OR
RELATED TO THE VIOLATION OF § 11-303 OF THIS SUBTITLE;

(4)      REINSTATE FULL FRINGE BENEFITS AND SENIORITY RIGHTS;

(5)      REQUIRE COMPENSATION FOR LOST WAGES, BENEFITS, AND OTHER
REMUNERATION;

(6)      AWARD COSTS OF LITIGATION AND REASONABLE ATTORNEY'S FEES
TO THE PREVAILING EMPLOYEE; AND

(7)      AWARD ANY OTHER APPROPRIATE DAMAGES AND RELIEF.
11-306.

IN ANY ACTION BROUGHT UNDER THIS SUBTITLE, IT IS A DEFENSE THAT THE
PERSONNEL ACTION WAS BASED ON GROUNDS OTHER THAN THE EMPLOYEE'S
EXERCISE OF ANY RIGHTS PROTECTED UNDER THIS SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply retroactively and shall be applied to and interpreted to affect any
personnel action allegedly taken as a reprisal against any State contractor employee
subject to this Act on or after February 17, 2003.

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