(1) A public entity employee who believes that the employee's employer has taken retaliatory action against the employee in violation of this chapter may file a grievance with the Career Service Review Office in accordance with Section 67-19a-402.5 and subject to Section 67-21-4.
(2) If the Career Service Review Office determines that retaliatory action is taken in violation of this chapter against the public entity employee, the Career Service Review Office may order: (a) reinstatement of the public entity employee at the same level held by the public entity employee before the retaliatory action; (b) the payment of back wages, in accordance with Subsection 67-19a-406(5)(b); (c) full reinstatement of benefits; (d) full reinstatement of other employment rights; or (e) if the retaliatory action includes failure to promote, as described in Subsection 67-19a-101(11)(d), a pay raise that results in the employee receiving the pay that the employee would have received if the person had been promoted.
(a) reinstatement of the public entity employee at the same level held by the public entity employee before the retaliatory action;
(b) the payment of back wages, in accordance with Subsection 67-19a-406(5)(b);
(c) full reinstatement of benefits;
(d) full reinstatement of other employment rights; or
(e) if the retaliatory action includes failure to promote, as described in Subsection 67-19a-101(11)(d), a pay raise that results in the employee receiving the pay that the employee would have received if the person had been promoted.
(3) A public entity employer has the burden to prove by substantial evidence that the public entity employer's action was justified.
(4) A public entity employee or public entity employer may appeal a determination of the Career Service Review Office as provided in Section 67-19a-402.5.
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