BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2053
                                                                  Page  1

          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.









                                                                  AB 2053
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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