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



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