Nicole Rice

Grassroots alert: Help stop CA's unworkable sexual harassment bills

By Nicole Rice, Policy Director, Government Relations

Capitol Update, Aug. 6, 2018

CMTA's "MFG Breaker" bills, SB 1300 an AB 3081, both make it difficult to comply with and be sued over harassment and discrimination.

Currently, an employee must prove harm (that harassment or discrimination occurred) in order to prevail on a claim of “failure to prevent” such action. SB 1300 removes the burden of proof and simply allows an employee to sue a manufacture for “failure to prevent” harassment and discrimination. This new private right of action will result in a significant increase in potentially meritless litigation for manufacturers. 

AB 3081 adds a new duplicative and contradictory mandate to the state’s Labor Code regarding your anti–sexual harassment policies. Currently, sexual harassment protections are governed by the state’s Fair Employment and Housing Act and administered by the Department of Fair Employment and Housing. AB 3081 would add new protections and requirements for notices, disclosures, and training to the Labor Code, under the jurisdiction of the Labor Commissioner. This will create a new opportunity for you to be sued, including claims filed under the Private Attorney Generals Act (PAGA).

Use these tools to tweet your legislator asking him or her to vote no on these bills: SB 1300  |  AB 3081





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