HomeMy WebLinkAboutMINUTES - 07101990 - 1.66 TO: BOARD OF SUPERVISORS Contra
FROM: 1 = Costa
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Phil Batchelor, County Administrator
County
DATE: July 5 , 1990 c�'rrA'co'uK`��~
SUBJECT: LEGISLATION: SB 1752 (Robbins)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position of OPPOSE UNLESS AMENDED for SB 1752 by Senator
Robbins which would prohibit an employer from discriminating
against an employee because of the mode of transportation which
is used to get to work.
BACKGROUND:
Existing law prohibits an employer from discriminating against an
employee in the terms and conditions of employment under certain
circumstances.
Senator Robbins 'has introduced SB 1752 which would prohibit an
employer from refusing to hire or employ any person or from
barring or discharging any person from employment or from
.discriminating against any person in compensation or in terms,
conditions, or privileges of employment, because the person has
chosen a particular means of transportation for travelling to and
from the place of employment, provided that the choice of
transportation is sufficient to bring the person to work on time
and allows the person to discharge his or her duties in a
satisfactory manner. The bill would also provide that,
notwithstanding this provision, the bill does not affect an
employer' s right to require an employee to utilize specific modes
of transportation in order to enhance a region' s ability to meet
air quality goals.
CONTINUED ON ATTACHMENT: Vf-SES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): LO-Ahl.,
ACTION OF BOARD ON July 10, 1990 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED Q
PHIL 139CHELOR,eLERK OF"THE BOARD OF
Please see Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88)
BY DEPUTY
r`
County Counsel points out that one could argue that the bill
would prohibit an employer from providing preferential parking
spaces for those who carpool to work since that could be
interpreted as discriminating against those who choose not to
ride to work in a carpool or those who must have a car available
during the day as a condition of their employment. Might it not
in fact be impossible under this bill for an employer to require
that an employee provide their own car for use during the day on
the job since that effectively discriminates against them by
requiring that they drive their own car to work?
One could equally argue that this bill would prohibit an employer
from rewarding an employee who uses public transportation to
arrive at work since that could be seen as discriminating against
an employee who for whatever reason does not or cannot use public
transportation to get to work, regardless of the exemption where
the employer requires a particular mode of transportation in
order to meet air quality goals. What if an employer does not
require the use of public transportation but wants to provide a
reward or recognition of those employees who voluntarily do
decide to use public transportation.
Could not a question also be raised regarding the practice of
providing an automobile allowance to department heads which is
not available to other employees? Might not this bill prohibit
such discrimination in compensation?
County Counsel has raised these questions which we agree have
some potential validity. We are therefore recommending that the
Board of Supervisors agree to oppose SB 1752 unless it is amended
to resolve these types of situations.
SB 1752 passed the Senate Industrial Relations Committee on March
28, 1990 by a vote of 5: 0. Hearing on the bill was waived by the
Senate Appropriations Committee and the bill passed the full
Senate April 26, 1990 by a vote of 25:0. The bill is currently
on referral to the Assembly Labor and Employment Committee, where
it was scheduled to be heard June 27, 1990.
cc: Senator Robbins
County Administrator
County Counsel
Director of Personnel
Les Spahnn, SRJ. Jackson, Barish & Associates