complainant seeking redress through a third party such as the EEOC or an attorney. Hotlines also have the benefit of ensuring the complaint is handled properly rather than potentially being dismissed by a supervisor. While sound policies, effective training and trusted reporting avenues are great tools to address and prevent sexual harassment in the workplace, as well as limit potential liability, employers must critically assess their company’s culture and work environment to determine if the company may be fostering an environment where harassment may be allowed to flourish. Legislative Response Seizing on the #MeToo movement, members of the California Legislature (and one in particular) are sponsoring a set of bills aimed at addressing sexual harassment in the workplace. AB 3080 by Assemblywoman Lorena Gonzalez Fletcher (D-San Diego), would
prohibit employers from requiring applicants or employees to arbitrate employment-related claims rather than go to court as a condition of employment. While the bill is being pushed as a measure to address sexual harassment, the bill would apply to any claim under the Labor Code or Fair Employment Housing Act. The measure has already passed the Senate and is now on the governor’s desk. Another bill sponsored by Hannah Beth Jackson (D-Santa Barbara), SB 1300, would also place certain limits on requiring the employee to sign a release of claims or nondisparagement agreement. Gonzalez Fletcher’s AB 3081 would require a client employer to share with a labor contractor all civil legal responsibility and civil liability for harassment for all workers supplied by that labor contractor. SB 820, also by Gonzalez Fletcher, would ban the use of confidentiality agreements to conceal allegations and facts related to sexual
harassment, assault and discrimination cases. SB 1038 by Assemblywoman Connie Leyva (D – Chino) provides that an employee is personally liable for an act of retaliation if that same employee committed the underlying act of harassment that prompted the complaint. Western Growers and other business groups are pushing back, reminding legislators that these bills will result in a significant increase in lawsuits. As we approach the end of the legislative session at the time of this writing, it’s important to note that these bills may be amended, gutted, held in committee, or otherwise subject to change. While Western Growers takes elimination of harassment in the workplace seriously, the Association will keep members apprised as we learn the fate of these and other bills. In the meantime, employers should take all steps necessary to ensure they are not caught up in the #MeToo movement.
32 Western Grower & Shipper | www.wga.com SEPTEMBER | OCTOBER 2018
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