Abusive Conduct Training Law May Require Action

AB 2053 was recently introduced and signed into law by Governor Brown (effective January 1, 2015) which requires expansion of the harassment training now required by the Fair Employment and Housing Act and makes proscribed “abusive conduct” illegal.  Existing law requires that every employer create a workplace free of sexual harassment by implementing certain minimum requirements, such as posting sexual harassment information posters at the workplace and requiring that qualified employers (those with 50 or more employees) provide at least 2 hours of training and education every two years regarding sexual harassment to all supervisory employees.

AB 2053 would require that the above-described training and education include prevention of abusive conduct defined asconduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may also include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.

Please contact our office to re-visit the training you may have received to ensure that you are fully compliant or to schedule your first time harassment training.  If you have any questions, please do not hesitate to call.