; or (ii) a State plan administrator in such State. (B) Referrals If— (i) the Secretary receives a complaint pursuant to subparagraph (A)(i), the Secretary shall not refer such complaint to a State plan administrator for resolution; or (ii) a State plan administrator receives a complaint pursuant to subparagraph (A)(ii), the State plan administrator shall not refer such complaint to the Secretary for resolution. (18) Presumption of retaliation The Secretary shall apply an unrebuttable presumption of retaliation in any complaint initiated under paragraph (5) in which the Secretary finds a covered employee suffers an adverse action within 90 days of the date on which the covered employee took any action protected under subsection (c)(1) or raised any reasonable apprehension under paragraph (2) of this subsection. (19) Supplement and not supplant The remedies provided for under this subsection supplement, and do not supplant, the private right of action under section 240 of the Agricultural Worker Justice Act . (20) Definitions For purposes of this subsection and subsection (c)— (A) the term retaliate or discriminate against includes reporting, or threatening to report, to a Federal, State, or local authority the suspected citizenship or immigration status of a covered employee, or of a family member of a covered employee, because the covered employee raises a concern about workplace health and safety practices or hazards; and (B) the term family member , with respect to the family member of a covered employee, means an individual who— (i) is related to the covered employee by blood, adoption, marriage, or domestic partnership