A. No employee shall be terminated or subject to disciplinary action as a result of his or her complaint to employer or the City about smoking in the work place. Violation of this subsection is subject to a civil penalty of two thousand five hundred dollars.

B. Any person claiming to be aggrieved by an alleged violation of this section, must file a written complaint with the Phoenix Equal Opportunity Department within sixty days from the most recent or latest incident of the unlawful practice.

C. The victim of any unlawful termination or discipline as described in this section may, within thirty days of entry of the judgment of a violation of this section, apply to the employer on whose behalf the termination or discipline was imposed for reinstatement in his or her former position and/or payments of any wages and benefits that would have accrued, except for the termination or discipline. The employer shall reinstate the victim in his or her former position and pay the employee the accrued wages and benefits within ten days of such application. Failure to comply with this subsection is a Class 1 misdemeanor and each and every day of noncompliance may be charged as a separate offense. (Ord. No. G-2865, § 1; Ord. No. G-2883, § 1; Ord. No. G-3535, § 1)