Committee backs bill to bar public employers from weaponizing licensing referrals as retaliation
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Summary
The committee recommended favorably a bill that would make it unlawful for public employers to refer employees to licensing boards (Bar, DOPL, etc.) as retaliation for protected activity, clarifying burdens of proof and noting questions about mandatory reporting obligations and judicial employees.
The committee voted to favorably recommend a bill amending the retaliatory-action definition to cover referrals by public employers to licensing entities when used as retaliation for protected conduct.
"This statute now will address ... if the public employer reports them to an entity like DOPL or another licensing entity," Chris Williams, research and general counsel, explained. The proposal would prohibit using a referral to a licensing body as a way to punish employees for protected actions such as reporting mismanagement or participating in public meetings.
Members asked whether the bill would reach judicial-branch employers who might refer an attorney to the Bar. Committee counsel said 'public entity' as defined in the draft includes some units of state government and that they would check the precise application to judiciary-employed attorneys; sponsors said the employee would carry the burden to show the referral was pretextual in litigation.
Representative Thurston, who moved the recommendation, described the measure as an important whistleblower protection that checks an employer's ability to weaponize professional-licensing complaints. The committee adopted the favorable recommendation unanimously.