California Employment Law Update – Sexual Harassment Training – Abusive Conduct

On September 9, 2014, California Governor Jerry Brown signed legislation (A.B. 2053) amending state law regarding sexual harassment training and education.

Existing California law requires employers with 50 or more employees to provide at least two hours of sexual harassment training and education to all supervisory employees at least once every two years. This bill requires that the training and education also cover the prevention of “abusive conduct.”
Abusive conduct means 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. 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. A single act will not constitute abusive conduct, unless especially severe and egregious.
The law goes into effect on January 1, 2015.

Read 2014 CA A.B. 2053

This article was originally published by ThinkHR and is republished with permission.

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