[§328J‑10]  Nonretaliation andnonwaiver of rights.  (a)  No person or employer shall discharge,refuse to hire, or in any manner retaliate against an employee, applicant foremployment, or customer because that employee, applicant, or customer exercisesany rights afforded by this chapter or reports or attempts to prosecute aviolation of this chapter.

(b)  An employee who works in a setting wherean employer allows smoking does not waive or otherwise surrender any legalrights the employee may have against the employer or any other party. [L 2006,c 295, pt of §2]