CSAC Advocacy Mitigates Harmful, Costly Legislation
July 5, 2018
After a flurry of second house policy committee hearings, the Government Finance and Administration (GF&A) policy unit is pleased to report successful negotiations on a number of key bills impacting county personnel management and liability.
SB 1343 (Mitchell) – Sexual Harassment Prevention Training
This measure would have expanded existing sexual harassment prevention training requirements currently applied to supervisors and to also apply to non-supervisorial positions for employers of five or more. Specifically, it included a two-hour training course every two years. In effort to ensure a safe working environment and avoid unnecessary cost pressures, CSAC’s key requests include 1) reducing the training requirement to just one hour for non-supervisors; 2) allowing a variety of options for training formats; 3) requiring a proof of completion certificate be produced as part of the state-developed online training, and 4) adding greater flexibility for seasonal and temporary positions. These amendments have been accepted by the author and sponsors. As a result, CSAC will take a support position on this proactive effort to reduce workplace harassment once the final amendment related to temporary and seasonal employees is in print.
SB 1412 (Bradford) – Limits on Employee Background Checks
This bill seeks to prevent employers from considering expunged convictions for job candidates that are irrelevant to the position for which they are hiring. At CSAC’s request, the author agreed to take amendments that exempt positions where background checks required by state, federal, or local law. This is in keeping with previously negotiated language under last year’s “Ban the Box” measure, AB 1008 (McCarty; 2017). A coalition of local government associations lead by CSAC is removing their opposition based on the July 3 version of the bill.
SB 1038 (Leyva) – Personal liability for FEHA Violations
In its original form, this bill would have imposed personal liability against supervisors for making employee personnel decisions related to FEHA violations, including sexual harassment, even if that supervisor was in no way involved in the claimed violation. Recent amendments make an important clarification that an employee is only personally liable for an act of retaliation if the same employee committed the act of harassment about which another employee filed a complaint. As such, CSAC has removed opposition to the measure.
Additionally, as highlighted in last week’s Bulletin, the negotiated amendments on AB 1912, the JPA pension liability bill, are now in print and under final review to ensure the goals of protecting retiree benefits without undue new pension burdens are both met. Please direct any questions on these or any other GFA-related matters to CSAC Legislative Staff, Dorothy Johnson or Tracy Sullivan.