AB 2053 went into effect on January 1, 2015, thereby requiring that California employers with 50 or more employees provide training on the “prevention of abusive conduct” along with the sexual harassment training already required by law.

“Abusive conduct” is defined under California Government Code section 12950.1(g)(2) as the “conduct 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.”  For example, abusive conduct “may 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.” Notably, there is no requirement that the abusive conduct be tied to a protected characteristic.
Continue Reading AB 2053: Sexual Harassment Training Must Now Include the “Prevention of Abusive Conduct”

On May 15, 2014, the California Assembly passed a proposed amendment to California’s statute governing sexual harassment training.

Currently, the statute requires employers with 50 or more employees to ensure workplaces are free of sexual harassment by providing training to their supervisory employees at least once every two years.  Such training must include information regarding