The PERB has ruled that a casual laborer is entitled to the protections of the Dills Act. In general, routine, non-investigatory discussions with supervisors about work matters do not trigger the right of union representation. Questioning an employee witness who is not the subject of the investigation does not trigger the right of union representation. The court of appeal recently re-affirmed this point. To date, the constitutional amendment has survived court challenges.
Appellate courts disagree.
The question is pending with the California Supreme Court. The Supreme Court ruled that Title VII, the federal law that prohibits discrimination in employment, applies to former employees where retaliation for a negative job reference is claimed. The former rule that a disabled employee must first ask for reasonable accommodation has been rejected. No, the ADA does not impose individual liability for discrimination. However, there is personal liability for claims of retaliation.