BILL ANALYSIS Ó
AB 2053
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Date of Hearing: April 23, 2014
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hernández, Chair
AB 2053 (Gonzalez) - As Introduced: February 20, 2014
SUBJECT : Employment discrimination and harassment: education
and training: abusive conduct.
SUMMARY : Amends existing law related to sexual harassment
training to include prevention of "abusive conduct," as
specified. Specifically, this bill :
1)Requires existing training and education regarding sexual
harassment to include prevention of "abusive conduct" as a
component of the training and education.
2)Defines "abusive conduct" to mean conduct of a 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.
3)Specifies that a single act shall not constitute abusive
conduct, unless especially severe or egregious.
EXISTING LAW :
1)Requires an employer with 50 or more employees to provide at
least two hours of classroom or other effective interactive
training an education regarding sexual harassment to all
supervisory employees within six months of their assumption of
a supervisory position.
2)Requires an employer to provide sexual harassment training and
education to each supervisory employee once every two years.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, numerous studies have shown
that abusive work environments can have serious effects on
AB 2053
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targeted employees, including feelings of shame and humiliation,
stress, loss of sleep, severe anxiety, depression and many other
stress-related disorders and diseases. The effects of workplace
bullying are not limited to the employees. Employers suffer too.
Abusive work environments can reduce productivity and morale,
which may lead to higher absenteeism rates, frequent turnover,
and even increases in medical and workers' compensation claims.
The author states that current laws already protect employees
from abusive treatment at work on the basis of race, color, sex,
national origin, and age. However, "bullying" does not always
qualify under any of these categories, and targeted workers
remain vulnerable. This bill aims to prevent workplace bullying
by requiring the inclusion of training and education of "abusive
conduct" to the already required sexual harassment training that
every supervisor of entities with more than 50 employees has to
go through every two years.
The requirement to provide two hours of sexual harassment
training and education to supervisory employees in California
was enacted as part of AB 1825 (Reyes) from 2004.
ARGUMENTS IN SUPPORT :
This measure is sponsored by the California Teamsters Public
Affairs Council, which states that abusive work environments are
unfortunately a growing epidemic throughout the nation. A
recent Zogby poll reported that 27 percent of Americans have
suffered abusive conduct in the workplace. Another 21 percent
have witnessed it. The toll is staggering. This type of
conduct leads to dramatic increases in stress in the workplace,
higher rates of absenteeism, and increased turnover. For
employers, these statistics mean decreased productivity and
higher costs. Some studies have estimated that the financial
cost of workplace abuse is as much as $200 billion annually.
The sponsor argues that this bill takes a measured approach to
the problem. Rather than being punitive, the bill seeks to
prevent this from happening in the first place by educating
managers. Moreover, it couples this education with sexual
harassment training as it is not uncommon for the two problems
to occur hand in hand.
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ARGUMENTS IN OPPOSITION :
The California Association for Health Services at Home states
that nothing prevents an employer from incorporating into
existing harassment programs further training relative to
abusive conduct. However, if enacted, this bill would increase
employer costs through the establishment of a new employer
mandate.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
California Conference of Machinists
California Conference of the Amalgamated Transit Union
California Labor Federation, AFL-CIO
California Teamsters Public Affairs Council
Engineers & Scientists, Local 20
International Longshore and Warehouse Union, Coast Division
Professional & Technical Engineers, Local 21
UNITE HERE
Utility Workers Union of America, Local 132
Opposition
California Association of Health Services at Home
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091