Preventing Workplace Harassment, Discrimination, and Retaliation

 Cal/OSHA explicitly protects employees who take steps to expose unsafe working conditions in violation of the safety standards and procedures required by Cal/OSHA. 162  California Labor Code section 132a protects employees who file workers’ compensation claims from retaliation.  The Clean Air Act of 1977 163 provides for the development and enforcement of standards regarding air quality and air pollution. Employees are protected from retaliation for reporting violations, or alleged violations, of those standards.  Safe Drinking Water Act of 1974 164 requires that all drinking water systems in public buildings and new construction of all types be lead free. Employees are protected from retaliation for reporting violations, or alleged violations, of those requirements. Franklin v. Monadnock Co. 165 Franklin notified his Employer that his co-worker had threatened his safety, as well as that of three other employees, by stating he would have them killed. Employer did nothing in response. A week later, Co-worker tried to stab Franklin with a screw-driver. Franklin complained to the police about Co- worker’s threats. Employer then terminated Franklin for complaining about Co- worker. Franklin’s allegations were sufficient to state a violation of public policy that protects an employee against discharge for making a good faith complaint about working conditions that he reasonably believes to be unsafe. 4. U NION A CTIVITIES An array of state and federal statutes govern management-labor relations for different sectors of the workforce. In California, employee relations in the public sector are primarily governed by: Case Study On Workplace Safety

 The Meyers-Milias-Brown Act (MMBA) for local governments; 166

 The Educational Employment Relations Act (EERA) for public K-12 schools and community college districts; 167

 The Ralph C. Dills Act (Dills Act or SEERA) for state agencies; 168

 The Higher Education Employer-Employee Relations Act (1979) (HEERA); 169

 The Trial Court Employment Protection and Governance Act; 170 and

 The Trial Court Interpreter Employment and Labor Relations Act. 171

In addition to these statutes, the Public Safety Officers Procedural Bill of Rights Act and the Fire Fighters Procedural Bill of Rights Act provide sworn personnel with certain rights and remedies if they are subject to punitive action. 172 All of these statutory schemes prohibit retaliation against

Preventing Workplace Harassment, Discrimination, and Retaliation ©2019 (s) Liebert Cassidy Whitmore 38