Bill passes leg committee that will prohibit workplace retaliation

By CMTA Staff

Capitol Update, March 28, 2008 Share this on FacebookTweet thisEmail this to a friend

On March 26th, the Senate Labor and Industrial Relations Committee passed SB 1244 (Elaine Alquist, D-Santa Clara) on a 3 to 2 vote.  The bill prohibits employers from taking any disciplinary action against an employee who is related to or works with an individual that has filed a claim with the Labor Commissioner.  As written, the bill is overly broad and will limit all employer disciplinary actions.  

Since SB 1244 does not define "co-worker", it makes every employee subject to this legislation.  Essentially, every employer that has faced a labor claim would be liable for any action they might take against any of their employees.  This law will eventually result in a dramatic increase in discrimination cases.

CMTA is concerned that this bill would put employers in the position of defending all disciplinary action on the basis of discrimination.  

CMTA believes that current law is sufficient to protect employees from discrimination in the workplace when appropriate.  Individuals that testify or plan to testify in a proceeding are already protected.  Also protected are individuals who have filed a labor claim in the past and are now seeking new employment.  In these situations there is a clear nexus to the labor claim in question and the individuals are appropriately protected from discrimination.

CMTA opposes SB 1244 and we encourage you to contact your Senator with your own opposition.

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