Section 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 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 employee 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.Amended by Chapter 174, 2022 General Session ,§ 4, eff. 5/4/2022.Amended by Chapter 390, 2018 General Session ,§ 14, eff. 5/8/2018.Added by Chapter 427, 2013 General Session ,§ 9, eff. 5/14/2013. See Chapter 427, 2013 General Session , § 17.