67-21-3.5. Administrative review of retaliatory action against a public entity employee.
(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 Sectionand subject to Section. 67-19a-402.5 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: reinstatement of the public entity employee at the same level held by the public entity employee before the retaliatory action; the payment of back wages, in accordance with Subsection; 67-19a-406(5)(b) full reinstatement of benefits; full reinstatement of other employment rights; or if the retaliatory action includes failure to promote, as described in Subsection, a pay raise that results in the employee receiving the pay that the employee would have received if the employee had been promoted. 67-19a-101(11)(d)
(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