(a) It shall be prohibited for any employer to inquire into, or to consider for the purpose of assessing fitness or capability for employment, whether a job applicant with regard to employment has filed for or received benefits under this chapter or to discriminate against a job applicant with regard to employment on the basis of that claimant having filed for or received benefits under this chapter. An individual aggrieved under this subsection may initiate proceedings in a court of competent jurisdiction seeking damages, including reasonable attorney fees, for violation of this subsection.
(b) An employer who violates the provisions of subsection (a) of this section shall be guilty of a misdemeanor, and upon conviction shall be fined not more than two thousand dollars ($2,000) for a first offense and not more than five thousand dollars ($5,000) for a subsequent offense.
(c) In addition to the criminal penalties as provided under subsection (b) of this section, the Board of Directors of the Workers' Compensation Administration may, after a hearing, impose a penalty against such employer in an amount not to exceed five thousand dollars ($5,000).