This bill create a presumption of guilt for employers accused of retaliation. The law would completely change accepted procedures of fairness.
Creates rebuttable presumption that person violated prohibition against retaliation or discrimination against employee or prospective employee if person takes certain action against employee or prospective employee within 60 days after employee or prospective employee has engaged in certain protected activities. Discrimination and retaliation in the workplace have been illegal for decades. The existing ‘innocent until proven guilty’ system already allows employees to get justice if they have been wronged. SB 483 presumes that all employers are guilty of discrimination or retaliation even when the allegations are dubious, or the employee has filed an anonymous complaint. Sets standard for person to rebut the presumption that retaliation has occurred at a preponderance of the evidence.
This bill opens up employers to a wide variety of allegations from employees and activist lawyers. This would send struggling businesses’ legal expenses through the roof at the same time they are trying to recover from a year of devastating lockdowns. The answer to discrimination or retaliation in the workplace is not to rewrite the rules of due process.