HomeMy WebLinkAboutAB3081_20180911_LetterToGonzalesFletcherCity of San Luis Obispo, Office of the City Council, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7114, slocity.org
September 18, 2018
The Honorable Edmund G. Brown
Governor, State of California
State Capitol, First Floor
Sacramento, CA 95814
VIA Email: Leg.Unit@gov.ca.gov
RE: AB 3081 (Gonzales Fletcher) Employment: Sexual Harassment
Request for Veto
Dear Governor Brown,
The City of San Luis Obispo must respectfully request your veto on Assembly Bill 3081 related to sexual
harassment retaliation. The increased exposure to liability for cities for false workplace retaliation claims is very
concerning.
Cities are highly sensitive to the impacts of retaliation and sexual harassment in the workplace and our City is
diligent in ensuring complaints are handled appropriately and expeditiously, while protecting employees against
retaliation in the investigative and remedial process. However, AB 3081 would, amongst other things, provide a
rebuttable presumption of unlawful retaliation by an employer if the employer discharges, threatens to discharge,
demotes, suspends, or takes any adverse employment action against the employee within 30 days following the
date that the complaining employee provides notice to the employer or the employer has actual knowledge of
the sexual harassment allegation.
AB 3081 is especially concerning since an employee complaining of harassment does not need to establish that
they were actually subjected to sexual harassment as defined under the Fair Employment and Housing Act
(FEHA) to receive the benefits of employment protection. Imposing this presumption on cities inappropriately
and unfairly places a significant initial burden on cities disprove their actions were wrongful, with no initial
burden on a complaining employee to substantiate claims of harassment. The presumption created discounts or
ignores the often complex and lengthy employment contexts in which harassment and discrimination claims may
arise.
For these reasons, the City of San Luis Obispo respectfully urges you to veto AB 3081 (Gonzales Fletcher).
Sincerely,
Heidi Harmon
Mayor
City of San Luis Obispo
cc: The Honorable Lorena Gonzalez Fletcher California State Assembly, District 80
assemblymember.gonzalezfletcher@assembly.ca.gov
Graciela Castillo-Krings, Deputy Legislative Secretary, Office of Governor Brown
Leg.Unit@gov.ca.gov
Meg Desmond, League of California Cities, cityletters@cacities.org
Dave Mullinax dmullinax@cacities.org